Estate of Charles B. Grant, Jr. - Page 2




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               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.             





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