Robert Hunter Gridley and Barbara A. Gridley, et al. - Page 10

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               Upon remand, the Court gave effect to the direction of the             
          Court of Appeals regarding intervention by allowing a number of             
          non-test-case taxpayers who had previously signed stipulations to           
          be bound by the decision in the test cases to participate in the            
          evidentiary hearing.  Initially, the case of William D. and                 
          Karen S. Booth, docket No. 28950-88, in which Declan J.                     
          O'Donnell, Esq. (Mr. O'Donnell), had entered his appearance, was            
          consolidated with other cases of non-test-case taxpayers for                
          purposes of allowing Mr. O'Donnell to participate in the                    
          evidentiary hearing.  However, at the start of the evidentiary              
          hearing, the Court granted Mr. O'Donnell's motion to sever the              
          Booths' case from the cases consolidated for the evidentiary                
          hearing.10  Mr. O'Donnell argued that, in light of the theory               
          being asserted in the Booths' case, there was no need for the               
          Booths to participate in the evidentiary hearing.                           
               Petitioners contend that they are entitled to summary                  
          judgment (and entry of decision) consistent with the decision of            
          no deficiency and no additions to tax entered in the Thompson               
          case assigned docket No. 19321-83.  In particular, petitioners              


          10  The evidentiary hearing was held at a special trial                     
          session of the Court in Los Angeles in May through June 1996.               
          The filing of various posthearing motions, and as yet unresolved            
          disagreements among the participants over posthearing                       
          stipulations of fact, have delayed the setting of a schedule for            
          the filing of briefs on the various issues raised by the mandate            
          of the Court of Appeals in DuFresne v. Commissioner, supra.                 





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