- 2 - Unless otherwise stated, all Rule references are to the Court’s Rules of Practice and Procedure. In response to a notice of deficiency dated May 1, 1998, the petition contained allegations of error concerning respondent’s valuation of stock and concerning respondent’s determinations that the decedent made gifts to the shareholders of a corporation and that life insurance proceeds are includable in his gross estate. Petitioner now seeks leave to amend the petition to include facts learned from Freedom of Information Act requests approximately 5 months after the original petition was filed. The facts alleged in the proposed amendment were derived from the examining agent’s report on the valuation of the stock at issue in the deficiency notice. Respondent objects to petitioner’s proposed amendment on the ground that such matters are irrelevant. Rule 41(a) provides: “A party may amend a pleading once as a matter of course at any time before a responsive pleading is served. * * * Otherwise a party may amend a pleading only by leave of Court or by written consent of the adverse party”. Rule 41(a) further provides that leave to amend “shall be given freely when justice so requires.” This Court has looked to cases decided under rule 15(a) of the Federal Rules of Civil Procedure for guidance on the interpretation of Rule 41(a). See Kramer v.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011