Abraham and Dina Weiss - Page 6




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          interrogatories, but also that petitioners' failure to produce              
          that information had prejudiced respondent's ability to prepare             
          for trial.  At trial the Court sustained respondent's objections            
          to proffered testimony with respect to two interrogatories--one             
          relating to the specific amount of time petitioner Abraham Weiss            
          spent working on Oshtemo-Kalamazoo's business affairs, and the              
          other relating to specific information regarding Acton CATV's               
          entry into the partnership business.  The Court overruled another           
          objection relating to Mr. Weiss' testifying about the specific              
          duties he performed for Oshtemo-Kalamazoo during the years in               
          issue.  The latter ruling was based upon Mr. Weiss'                         
          representation that he had earlier revealed such information to             
          one of respondent's counsel.                                                
               The parties filed seriatim briefs.  Petitioners’ reply brief           
          asserted, for the first time in these proceedings, that                     
          respondent had lost their documentary records relating to the               
          matters at issue.  Respondent then sought, and was granted,                 
          permission to file a supplemental brief addressing the asserted             
          loss of petitioners' records.  Following submission of that                 
          brief, Mr. Weiss sent to the Court a letter in which he further             
          discussed the issue of respondent's alleged loss of petitioners'            
          records.                                                                    
                                       OPINION                                        
               Respondent's statutory notice of deficiency disallowed                 
          petitioners' claimed distributive share of "all income, losses,             
          deductions and tax credits" from Oshtemo-Kalamazoo.  Respondent             

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