- 9 - With the foregoing as background, we consider the instant application. As previously discussed, the application states facts showing that the applicants reasonably expect to be adversaries in an action cognizable in this Court. Because the matter involves a complex examination concerning numerous issues, the issuance of a notice of deficiency to Glaxo will be delayed, and the case is not likely to go to trial until 2005 or 2006. Against this backdrop, we note that the proposed deponents, Messrs. Girolami and Jack, are both residents of the United Kingdom. Mr. Girolami is presently 75 years of age, and Mr. Jack is presently 77 years of age. The applicants agree that the proposed deponents’ testimony will be critical to the issue of Glaxo’s policies concerning intercompany transfer pricing during the years under examination. There is no evidence that either of the proposed deponents is presently ill or otherwise suffering from a chronic medical condition, see Masek v. Commissioner, 91 T.C. at 1100-1101; however, other factors support the proposition that there is a significant likelihood that the proposed deponents’ testimony will be unavailable when a trial commences in this matter. In particular, the proposed deponents’ advanced ages, their residences abroad, and the potential for substantial delay in a trial of the Federal tax issues presented in the examination of Glaxo’s 1989 through 1999 tax returns are all factors whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011