GlaxoSmithKline Holdings (Americas) Inc. - Page 7




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          Court, we are satisfied that it is likely that the dispute                  
          between Glaxo and the Commissioner over the Commissioner’s                  
          adjustments to Glaxo’s tax returns will proceed to litigation.              
          See DeWagenknecht v. Stinnes, 250 F.2d 414, 417 (D.C. Cir. 1957).           
               The central question posed in the instant application is               
          whether the perpetuation of the proposed deponents’ testimony may           
          prevent a failure or delay of justice.  Although no objection to            
          the proposed depositions has been made, this Court has the                  
          inherent authority to protect the integrity of its Rules                    
          regardless of an objection by a party.  See Masek v.                        
          Commissioner, 91 T.C. 1096, 1100 (1988), supplemented by 92 T.C.            
          814 (1989).  Accordingly, we will briefly review relevant caselaw           
          regarding Rule 82.                                                          
               In Reed v. Commissioner, supra, we held that the mere                  
          showing that an applicant is currently unable to commence an                
          action in the Tax Court is insufficient to justify granting an              
          application under Rule 82.  In denying the application in that              
          case, we stated in pertinent part:  “The relief provided for by             
          Rule 82 is an extraordinary measure and invoked only to prevent             
          the failure or delay of justice.  We will continue to apply the             
          test * * * which requires that the applicant show that the                  
          testimony will, in all probability, be lost before trial.”  Id.             
          at 701.                                                                     
               In Masek v. Commissioner, supra, the applicant/taxpayer                






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