- 6 - petitioner’s constitutional rights of due process and equal protection and were so egregious as to require dismissal of the case in favor of petitioner. Petitioner also contends that respondent’s actions in this case demonstrated persecution, vindictiveness, and bad faith. During these proceedings, petitioner, a 64-year-old individual at the time of trial, was financially destitute and the victim of a series of unfortunate incidents. Nevertheless, we must view the issues without regard to the special circumstances in which petitioner finds himself. Petitioner’s complaint with regard to respondent’s failure to comply with his discovery requests stems from petitioner’s response to a conference invitation letter from respondent’s counsel dated May 6, 1997. In respondent’s letter, as “Discovery request No. one”, respondent’s counsel informally requested “all documentation, records, notes, statements, memoranda or correspondence in your possession and any legal authority, statutory or case law which supports your claim that you are entitled to claim a Schedule C loss of $8,293 for the taxable year 1992.” Discovery request No. two requested the identity of 3(...continued) the seminal case setting the requirements for informal consultation prior to embarking on formal discovery. See also Rule 70.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011