-8-
Agreement said that it was effective January 1, 1992. The
Adoption and Participation Agreement provided group term life
insurance coverage for Mr. Fox. On December 30, 1992, Mr. Fox
signed a document entitled "QNC Contribution Instructions" which
states: "Contribution amount $100,000". On that day, Mr. Fox
also signed a document entitled "Collateralized Personal Line of
Credit Instructions" which states: "Amount to be wired $85,000".
OPINION
A. Exclusion of Mr. Fox's Diary
Petitioners' counsel wanted Mr. Fox to use his diary to
refresh his recollection at trial about his 1992 expenses.
Respondent objected on the grounds that petitioners had not
exchanged the diary 15 days before the call of the calendar as
required by the Court's standing pretrial order served on
petitioners about 5 months before trial and that petitioners had
not indicated that the diary existed in response to respondent's
discovery request. Petitioners' counsel said that he had not
known that Mr. Fox kept a diary. The Court sustained
respondent's objection.
Petitioners contend that the Court erred in excluding Mr.
Fox's diary from evidence and in not allowing Mr. Fox to use his
diary to refresh his recollection. We disagree.
Respondent's counsel said at trial that respondent had asked
petitioners to produce any documents which relate to petitioners'
claims that there should be a decrease in taxable income as
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