-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 PetitoPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011