- 5 - D.C., at the Court's weekly motions session. To suit the convenience of the parties and the Court, the Court may on its own motion, or pursuant to the written request of any party to the motion, direct that the hearing be held at a location other than Washington, D.C. Rule 50(b)(2). In this case petitioner has made no showing that an evidentiary hearing is necessary with respect to respondent's motion. See generally Maxfield v. Commissioner, 153 F.2d 325, 327-328 (9th Cir. 1946) (construing a Rule of this Court no longer in effect); Bolton v. Commissioner, T.C. Memo. 1990-181. Given the nature of respondent's motion, and considering the representations, allegations and prayer for relief made in the petition, it is clear to us that any opposition petitioner might have to respondent's motion would not depend upon the introduction of evidence, but rather would consist of argument(s) that could have been submitted in a written statement. We understand that the expenses involved in traveling from San Francisco to Washington, D.C. might have effectively prevented petitioner's attendance at the hearing, but our Rules clearly provide that his attendance was not required. Rules 50(c), 130(b). Petitioner was advised of the opportunity to submit a written statement in lieu of his attendance at the hearing in Washington, D.C. (and given the opportunity to file an amended petition), and he has failed to so. Changing the place of thePage: Previous 1 2 3 4 5 6 7 Next
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