- 9 - stipulate, respondent's counsel seems to be saying that there are a couple of areas of factual matters that are in dispute. * * * * * * * What would you like to do with this case? PETITIONER: In other words, we can't do it by motion? THE COURT: It sure doesn't look like it. I think you understand why, that there are matters here in dispute and respondent is saying there are matters in dispute. You don't seem to be disagreeing with that, that there are some matters which require some testimony. If that is the case, it's clear that the Court cannot rule in your favor on the summary judgment motion. You can't get a dispositive answer, which is what you want. So the next step is trial. D. Entry of Appearance by Petitioners' Counsel On July 18, 1994, petitioners' counsel entered his appearance in this case. On the following day, petitioners, by counsel, commenced formal discovery against respondent by serving a request for production of documents. E. The Hylton Case On January 23, 1995, the Court filed its memorandum opinion in Hylton v. Commissioner, T.C. Memo. 1995-27. That case, which was decided after a trial at which a representative of the Maryland State Retirement Agency testified and 30 exhibits were offered into evidence,6 presented facts strikingly similar to those involved in the present case. Thus, in Hylton, the 6 The parties stipulated 10 exhibits; the remaining 20 exhibits were offered during the course of the trial, most of which were received into evidence.Page: 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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