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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 which
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