Phuong K. Nguyen - Page 10




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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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