117 T.C. No. 1 UNITED STATES TAX COURT GLAXOSMITHKLINE HOLDINGS (AMERICAS) INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 3-01-D. Filed July 5, 2001. G and R (the applicants) filed a Joint Application to Perpetuate Testimony Before Commencement of a Case (joint application) pursuant to Rule 82, Tax Court Rules of Practice and Procedure. The applicants propose to take the depositions of two of G’s former executives, both of whom are septuagenarians, and both of whom reside in the United Kingdom. The applicants agree that R is not likely to issue a notice of deficiency to G in the near future, that the testimony of the proposed deponents is critical to G’s issues under examination, and that a trial is likely but not until 2005 or 2006. Held: Because there is a reasonable expectation that the applicants will be adversaries in an action cognizable in this Court, and there is a significant risk that critical testimony will be unavailable when a trial, if any, is commenced, the applicants’ joint application will be granted.Page: 1 2 3 4 5 6 7 8 9 10 11 Next
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