- 10 - 4. Conclusion Since the amendment would add to the petition the defense of equitable recoupment, which is not appropriate to this proceeding, that is a sufficient ground on which to deny the motion. B. Substantial Disadvantage 1. Introduction Although respondent’s second objection describes a sufficient ground to deny the motion, we proceed to consider respondent’s third objection, since it provides an independent and equally persuasive reason to deny the motion. Respondent argues that, even if equitable recoupment is a partnership item or is otherwise appropriate for consideration in this proceeding, the motion should be denied because of the substantial disadvantage that respondent would be put under on account of the amendment. Respondent points out that the petition was filed over 9 years ago and the case is scheduled for trial at a special session of the Court to commence on October 4, 1999. The motion was made on July 14, 1999. Respondent claims: “The facts surrounding the items on this return will be difficult, at best, to determine. As a result of the tax matters partner’s long delay in waiting to raise the issue, respondent is unduly prejudiced.” Intervenor responds that there is no prejudice to respondent “because all of the relevant factsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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