- 10 - petitioner's failure to comply with this Court's discovery order of April 9, 1997. Respondent requested that the following sanctions be imposed by the Court: (1) That this action be dismissed; (2) that the issues to which respondent's discovery requests pertain be taken as established as set forth in the notice of deficiency; (3) that all answers covered by respondent's request which petitioner should have made available in response to respondent's interrogatories be excluded from evidence in this case; (4) that all documents covered by respondent's request which petitioner should have made available in response to respondent's request be excluded from evidence; and (5) that the Court grant such other relief as it may deem proper. Respondent also filed a Motion for Partial Summary Judgment (Summary Judgment Motion) with accompanying memorandum of law and declaration in support thereof pursuant to Rule 121(b) on August 25, 1997, on the issue (informally raised by petitioner during an IRS Appeals Office conference but not raised by petitioner in this proceeding) whether the 3-year period of limitations for assessment has expired because the Partnership allegedly elected treatment under the unified audit provisions of Subtitle F, Chapter 63, Subchapter C, secs. 6221 through 6233, for taxable years 1992 and 1993, and respondent did not honor such election. By Order dated August 26, 1997, the Court ordered that petitioner respond, on or before September 10, 1997, toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011