- 12 - in Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324 (1974), to deny petitioner access to a document that was created prior to the issuance of the notice of deficiency is not an appropriate defense to discovery in this case. The expert report is relevant to the subject matter of this case and appears reasonably calculated to lead to admissible evidence, which is the threshold requirement of Rule 70(b). The only issue presented in this case concerns the fair market value of the donated films. The expert report appears to relate to the value of the films and is relevant. Although petitioner may not be able to offer respondent's expert report into evidence and it may be inadmissible for other reasons, that aspect does not preclude discovery of the expert report under Rule 70(b) as long as the expert report appears reasonably calculated to lead to the discovery of admissible evidence. Hickman v. Taylor, 329 U.S. 495, 501 (1947); see also United States v. Procter & Gamble Co., 356 U.S. 677, 682-683 (1958); Zaentz v. Commissioner, 73 T.C. 469, 478 (1979). Respondent also argues that the expert report is not discoverable under rule 26(b)(4)(B) of the Federal Rules of Civil Procedure (hereafter rule 26(b)(4)(B), which limits discovery relating to opinions of experts not expected to be called to testify at trial. Rule 26(b)(4)(B), generally prohibits the discovery of experts retained or specifically employed by thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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