-4-
should reject respondent’s alternative argument regarding Petito
corporation’s tax return for 1992.
This matter was called for hearing at the Court’s motions
session in Washington, D.C. Petitioner and counsel for
respondent appeared at the hearing and offered evidence and
argument in respect of the pending motion. During the hearing,
petitioner offered as an exhibit a purported copy of Petito
corporation’s tax return for 1986. The document that petitioner
offered lacked a signature, and petitioner had redacted all
numerical entries for the purpose of submission of the document
as an exhibit. The Court declined to admit the exhibit as
evidence. In support of his position that there was no record of
Petito corporation’s filing of a 1986 return or an election,
counsel for respondent offered as an exhibit a certified
transcript of account purporting to show that Petito corporation
did not file a tax return for 1986. The Court permitted counsel
for respondent to withdraw the offer of the exhibit due to
questions regarding the scope of the search that was performed in
preparing the transcript. Counsel for respondent nevertheless
argued that petitioner had the burden of showing that Petito
corporation made the requisite election.
Following the hearing, the parties filed a stipulation
including as an exhibit (Exhibit 1-P) a copy of Petito
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