- 18 - the income tax deficiencies and penalties at issue in these cases. B. Exclusion of Evidence Petitioners offered documents into evidence at the further trial that they had not exchanged or identified in writing as required by our standing pretrial orders dated April 22, August 24, and November 29, 1994, and other orders dated July 10, July 19, July 24, and October 7, 1996. We did not admit the documents into evidence. Petitioners contend that it is unfair to exclude the evidence that they offered. We disagree. Petitioners do not deny receiving any of these orders. Mr. Owens testified that he understood that the Court required the parties to identify the documents in writing and exchange them before trial. Petitioners do not claim that they tried to comply with these orders. Materials not provided in compliance with our pretrial orders may be excluded from evidence. Moretti v. Commissioner, 77 F.3d 637, 644 (2d Cir. 1996). Exclusion of documents because they were not exchanged as required by the standing pretrial order is particularly justified if they are complex and voluminous, as here. See Kodak v. Commissioner, T.C. Memo. 1991-485, affd. without published opinion 14 F.3d 47 (3d Cir. 1993). We conclude that we properly sustained respondent's objection. We admitted the documents into evidence that petitioners had shown to Poole. Those documents do not establish thatPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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