Shirley L. Johnson - Page 7




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                    THE COURT:  I cannot say that it’s not likely to                   
               lead to discovery of admissible evidence, Ms. Izen.  So                 
               I do not view the interrogatory as seeking irrelevant                   
               information.  The information, it seems to me, ought to                 
               be readily at her disposal.  I would direct that you                    
               provide respondent a complete answer to Interrogatory                   
               No. 38, including areas of study and universities and                   
               colleges attended, within two weeks.                                    
                    MS. IZEN:  We’ll do that, Your Honor.                              
               In an Order dated May 30, 2000, the Court stated, among                 
          other things:                                                                
                    At the hearing on May 3, 2000, the Court                           
               questioned petitioners’ good faith in complying with                    
               the Court’s Orders.  Those doubts are reinforced by                     
               petitioners’ May 22, 2000, motion [requesting a 14-day                  
               extension of the May 17, 2000, due date].  The                          
               allegedly heavy workload of petitioners’ counsel is not                 
               a valid ground for failing to comply with the Court’s                   
               Orders.  If petitioners’ counsel is too busy to                         
               prosecute * * * [these cases] properly, then                            
               petitioners’ counsel should consider withdrawing.  Upon                 
               due consideration, it is                                                
                    ORDERED that petitioners’ motion for enlargement                   
               of time within which to respond to respondent’s second                  
               set of interrogatories is granted, in that petitioners                  
               are ordered no later than June 1, 2000, to serve on                     
               respondent’s counsel, and provide to the Court, full,                   
               complete, and responsive answers, made under oath and                   
               in good faith, to interrogatories numbered 37, 38, and                  
               39, as set forth in respondent’s second interrogatories                 
               to petitioners.                                                         
                    If petitioners fail to comply with this Order, the                 
               Court shall impose sanctions, which may include,                        
               without limitation, sanctions under I.R.C. section                      
               6673(a) and Tax Court Rule 202, and precluding                          
               petitioners from introducing evidence with regard to                    
               respondent’s determination that petitioners are liable                  
               for additions to tax under I.R.C. section 6662(a).                      
          Despite further extensions and delays, petitioners have never                
          answered interrogatory No. 38.                                               





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