Manuel G. Lopez - Page 6




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            petitioner had not yet responded to respondent’s proposed                                  
            supplemental stipulation of facts or to informal requests for                              
            information and documents.  Respondent represented that only                               
            slight progress had been made in preparing this case for trial                             
            since the May 15, 2000, calendar call.                                                     
                  On August 8, 2000, petitioner served requests for admissions                         
            and interrogatories on respondent.  Petitioner failed to seek                              
            informal discovery from respondent prior to initiating formal                              
            discovery.  See Rules 70(a)(1), 90(a); Branerton Corp. v.                                  
            Commissioner, 61 T.C. 691, 692 (1974).3  As a result, respondent                           
            filed a motion for protective order pursuant to Rule 103(a)(2).                            
            The Court denied that motion as moot because of subsequent                                 
            events.                                                                                    
                  In a telephone conference call held to resolve discovery                             
            issues on August 23, 2000, the Court again ordered petitioner to                           
            produce to respondent, on or before September 14, 2000, all                                
            documents and records organized by year and category of expense                            
            with the self-executing sanction that any documents or records                             
            not produced by that date would not be allowed into evidence at                            
            the trial scheduled to begin on October 25, 2000.                                          



                  3  Requiring that parties make reasonable informal efforts                           
            to obtain needed information voluntarily before resorting to                               
            formal discovery.                                                                          







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