- 6 - of the person or estate for whom he acts) in respect of any internal revenue tax for any taxable period. Petitioner contends that Exhibit AE is a closing agreement and that under section 7121 a closing agreement is relevant to the tax liability only of the person (or estate) named in the closing agreement. Respondent fails to address this argument on either opening or reply brief. Exhibit AE is not a closing agreement within the scope of section 7121. See Klein v. Commissioner, 899 F.2d 1149, 1152 (11th Cir. 1990). Accordingly, we shall deny petitioner's motion and overrule petitioner's objections to the admission of Exhibits AE and AF. Exhibits AD and AG Petitioner contends that Exhibits AD and AG should be excluded from evidence pursuant to this Court's standing pretrial order which reads, in relevant part: Any documents or materials which a party expects to utilize in the event of trial (except for impeachment), but which are not stipulated, shall be identified in writing and exchanged by the parties at least 15 days before the first day of the trial session. The Court may refuse to receive in evidence any document or material not so stipulated or exchanged, unless otherwise agreed by the parties or allowed by the Court for good cause shown. Petitioner objected to the admission of these exhibits on the grounds that they were not exchanged prior to 15 days before trial as required by the standing pretrial order.Page: 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