Morton Zuckerman - Page 10

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          Zuckermans of the likelihood of sanctions under Rule 104(c) in              
          the event of noncompliance.  Petitioner sought an extension to              
          obtain some of the documents from his banks.  He offered no                 
          satisfactory explanation for his failure to produce numerous                
          other documents requested by respondent and for his failure to              
          answer any of the interrogatories.  Nevertheless, the Court                 
          granted petitioner's request.  Following the expiration of the              
          extended deadline and a conference with petitioner and                      
          respondent's counsel, the Court concluded that petitioner was not           
          attempting to cooperate in good faith.  Accordingly, on motion              
          by respondent for sanctions under Rule 104(c), by order dated               
          November 4, 1994, the Court prohibited the Zuckermans from                  
          introducing any documentary or testimonial evidence pertaining              
          to matters addressed in respondent's discovery requests.                    
          Mrs. Zuckerman took no part in these pretrial proceedings, having           
          received no actual notice of them despite respondent's efforts to           
          contact her.                                                                
               At trial petitioner revealed that he had signed his wife's             
          name to the 1986 return and, without her knowledge, to the                  
          petition as well.  Mrs. Zuckerman testified that she had not                
          intended to file a joint return with her husband for either year.           
          In response to these disclosures, on motion by respondent, the              
          case was dismissed for lack of jurisdiction with respect to                 
          Mrs. Zuckerman, the caption of the case was changed, and                    
          respondent amended her answer to recompute petitioner's tax                 



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