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the proposed depositions will be videotaped and that the
applicants agree to begin Mr. Girolami’s deposition on or about
May 14, 2002, and Mr. Jack’s deposition on or about June 4, 2002.
The applicants have further agreed to a so-called discovery
schedule to permit the Commissioner to make reasonable requests
for information from Glaxo, consult with experts, and make
further preparations in advance of the proposed depositions.
This matter was called for hearing at the Court’s motions
session held in Washington, D.C. Counsel for both parties
appeared at the hearing and offered argument in support of the
joint application. Glaxo filed a Rule 50(c) statement indicating
that: (1) Actuarial studies suggest that there is an
approximately 40-percent probability that Mr. Girolami will not
survive to the end of 2006 and an approximately 50-percent
probability that Mr. Jack will not survive to the end of 2006;
and (2) health and aging studies suggest that, even if they do
survive to the end of 2006, there would be a significant
likelihood that they would be suffering from substantial memory
lapses or other forms of mental impairment at that time.
Discussion
Rule 82 provides for the taking of depositions before the
commencement of a Tax Court case “to perpetuate testimony or to
preserve any document or thing regarding any matter that may be
cognizable in this Court”. Rule 82 is derived from rule 27(a) of
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Last modified: May 25, 2011