- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011