- 13 - v. United States, 230 F.2d 919, 925-926 (5th Cir. 1956); Gaw v. Commissioner, T.C. Memo. 1995-531; 2 Wigmore on Evidence, sec. 286(a), at 199-200 (Chadbourn rev. ed. 1979). According to petitioner’s account, Mr. Judy’s inheritance was the source of the amounts in controversy, and only petitioner and Mr. Judy knew that the inheritance money was secreted in an ammunition box under Mr. Judy’s bed. Mr. Judy’s testimony would surely have had an important, if not decisive, influence upon the resolution of the factual questions on which this case turns. Petitioner has not convinced us of Mr. Judy’s inability to testify. The one-sentence note from Dr. Allison that petitioner submitted to the Court falls far short of providing the specific and detailed evaluation of this issue which the Court demanded and cannot fairly be interpreted to rule out the possibility of a deposition. Under the circumstances, Mr. Judy’s availability for a deposition seems to have been largely within petitioner’s control. A close relationship exists between them: They are related by blood; they live together; and throughout the negotiations between the parties and the Court on this matter petitioner has consistently purported to speak for Mr. Judy. There is ample reason to expect Mr. Judy to have cooperated with petitioner. Petitioner’s suggestion that respondent is to blame for the failure to take Mr. Judy’s deposition is without merit. Although respondent originally subpoenaed Mr. Judy to testify atPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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