Estate of Birnie M. Davenport, Deceased, Patricia L. Vestal, Personal Representative - Page 6

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                  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.                                            







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