Lee Nelson Shaw - Page 4




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          therein.2  The applicants further anticipate that their personal            
          representatives will contest respondent’s determinations by                 
          filing a petition with the Court.  The applicants contend that              
          they are the only living persons with knowledge of the                      
          circumstances underlying the creation, funding, and                         
          administration of the trusts.                                               
               Respondent filed a response in opposition to the                       
          applications, arguing in part:  (1) The applicants have failed to           
          show that they expect to be parties to a case cognizable in this            
          Court; and (2) the applicants have failed to show that there is a           
          significant risk that the desired testimony will be lost before             
          trial because (a) there is no evidence that either applicant is             
          suffering from any serious illness, and (b) it is likely that one           
          of the applicants will be available to testify at a Tax Court               
          trial concerning the estate of the first to die.                            
               This matter was called for hearing at the Court’s motions              
          session in Washington, D.C.  Counsel for the parties appeared at            
          the hearing and offered argument.                                           
                                     Discussion                                       
               Rule 82 provides for the taking of depositions before the              




               2  Although the applicants state that they became aware of             
          the trust issue following their brother’s death, there is no                
          allegation that respondent issued a notice of deficiency to the             
          Estate of Robert S. Shaw.                                                   





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