- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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