- 26 - suggested that, if Laney wanted to offer the affidavit as an expert witness report, then the time to do so was when Henry appeared as a witness, as we had been informed would be the situation. In the absence of agreement by respondent, the Court declined to receive the affidavit into evidence on the first day of the trial. Before the trial in the instant case, Laney had sought to reopen his prior Court of Claims case. In support of his motion before the Court of Claims (see supra note 6), Laney presented what appears to be the same Henry affidavit that petitioners offered into evidence in the instant case.8 We note that, in the opinion denying Laney’s motion to reopen, the chief judge of that court quoted from the affidavit and concluded that the Department of Justice attorney did not make a settlement offer and further “[concluded] that no settlement agreement was ever consummated.” Laney v. United States, 26 Cl. Ct. 318, 322, 323 (1992). On the record in the instant case, we conclude, and we have found, that petitioners did not enter into a binding settlement 8 Compare Rule 143(b), that ex parte affidavits are not evidence, with, e.g., Rule 121 to illustrate proper use of affidavits in certain aspects of motion practice before this Court. Unless otherwise indicated, all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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