GlaxoSmithKline Holdings (Americas) Inc. - Page 9




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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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