-9- determined by respondent. Petitioners' counsel did not dispute that claim. Petitioners contend that the diary is admissible and may be used to refresh Mr. Fox's memory under rule 612 of the Federal Rules of Evidence. We disagree. The diary fell within the scope of respondent's discovery requests but was not produced during discovery or exchanged as required by the Court's pretrial order. See G.J.B. & Associates, Inc. v. Singleton, 913 F.2d 824, 831 (10th Cir. 1990). In the Singleton case, the plaintiffs had not exchanged discoverable documents as required by the Court's pretrial order and sought to use the documents to refresh a witness' memory. The U.S. Court of Appeals for the Tenth Circuit rejected the assertion that, because the notes were being used to refresh the memory of a witness for the plaintiffs, their counsel had no duty to reveal the notes. Id. We conclude that respondent properly objected to the admission of the diary into evidence and to Mr. Fox's use of the diary to refresh his recollection at trial. B. Whether To Recognize Prindle as a Trust for Federal Tax Purposes 1. Mr. and Mrs. Fox Retained Control Over the Purported Trust Assets Respondent contends that Prindle should not be recognized for Federal income tax purposes because it is a sham. Petitioners contend that Prindle is not a sham.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011