- 6 - Mr. Judy. Mr. Judy accompanied petitioner to the trial and sat in petitioner’s car outside the courthouse; petitioner represented to the Court that for health reasons his father would be unable to testify. During a recess, respondent’s counsel went down to the parking lot to meet Mr. Judy, and, upon her return, did not request the Court to compel Mr. Judy to testify. The Court agreed to hold the record open until December 18 to give the parties the opportunity to take Mr. Judy’s deposition. Respondent made arrangements for a deposition in Columbia within this time period, but, when advised of the scheduled deposition, petitioner stated that his father would be too ill to attend. By Order dated December 20, 1995, we expressed our concern over this “very unsatisfactory state of affairs”, and admonished petitioner that Without a medical doctor’s affidavit concerning Mr. Blease Judy’s inability to testify, the Court is skeptical about such inability. The Court would be inclined, in the absence of Mr. Blease Judy’s testimony, to invoke against petitioner the rule * * * [of] Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1945), affd. on other grounds 162 F.2d 513 (10th Cir. 1947) * * *. We instructed petitioner either to make arrangements for the deposition of Mr. Judy by January 25, 1996, or provide the Court with “a medical doctor’s affidavit explaining in detail why Mr. Blease Judy is unable to testify within that timeframe and when or whether the doctor expects that Mr. Blease Judy will be able to provide testimony in this case.” In reply, petitionerPage: 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