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On June 23, 2000, petitioner filed an Additional Affidavit
pursuant to Rule 232(d). In the Additional Affidavit, petitioner
requests an award of costs in the amount of $3,312.19.
On July 24, 2000, petitioner filed a Motion In Limine.
Relying principally on Fed. R. Evid. 408 (relating to compromise
and offers to compromise), petitioner’s motion sought to exclude
from evidence various statements made in, and various exhibits
attached to, respondent’s Response.4 On August 14, 2000,
respondent filed a Response objecting to petitioner’s Motion in
Limine. On August 18, 2000, the Court denied petitioner’s
motion.
On August 31, 2000, petitioner filed a Reply to respondent’s
Response pursuant to an Order of the Court. In her reply,
petitioner requests an award of costs in the amount of $6,724.69.
Thereafter, on September 25, 2000, respondent filed a Reply to
petitioner’s Reply filed August 31, 2000.
On January 19, 2001, the Court initiated a telephone
conference with the parties for the purpose of encouraging a
settlement regarding the award of costs. On January 26, 2001,
4 For example, petitioner sought to exclude the fact that
on Sept. 13, 1999, respondent mailed to petitioner a check for
$2,808.67, which amount constituted the overpayment claimed by
petitioner on her 1998 return, plus interest. Suffice it to say
that petitioner’s Motion in Limine sought to emasculate the
factual and legal basis for respondent’s defense against
petitioner’s motion for an award of costs and, if granted, would
have precluded the Court from rationally deciding petitioner’s
motion for costs.
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Last modified: May 25, 2011