Robert Emmett Robertson, III - Page 4




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          issues.  Respondent then orally conceded all the additions to               
          tax, a 1981 partnership loss item, and a 1981 capital loss item             
          resulting in a carryover to 1982.  Respondent’s counsel                     
          represented that this disposed of all the issues, except that               
          petitioner had advised him “approximately five minutes ago” of an           
          intent to raise another issue.                                              
               After some discussion as to petitioner’s contentions, the              
          following colloquy occurred:                                                
                    THE COURT:  You were prepared -- today was supposed to            
               be the trial, so you were prepared to offer whatever                   
               evidence you need to offer on this matter, or do you think             
               that the evidence in the record is sufficient to enable you            
               to make your argument?                                                 
                    MR. ROBERTSON:  I think what we have entered on the               
               record is sufficient, yes, I do.                                       
               Petitioner then filed (1) a Motion for Continuance to Remedy           
          Discovery Improperly Denied Petitioner, (2) a Motion for                    
          Continuance due to Difficulty Stipulating, (3) a Motion for                 
          Continuance to Subpoena Witnesses Necessitated by Belated Denial            
          of Transcript, (4) a Motion for Continuance to Obtain Transcript            
          Evidence Improperly Denied Petitioner, and (5) a Motion to Set              
          Aside Results of 1989 Hearing Made Defective by Lack of                     
          Transcript.  After oral argument, the Court denied all of these             
          motions for reasons set forth in the transcript of proceedings.             











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