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.
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