- 5 - commencement of a Tax Court case “to perpetuate testimony or to preserve any document or thing regarding any matter that may be cognizable in this Court”. Rule 82 is derived from rule 27(a) of the Federal Rules of Civil Procedure, and we are guided by judicial interpretations of rule 27 of the Federal Rules of Civil Procedure in the absence of our own precedent. Reed v. Commissioner, 90 T.C. 698, 700 (1988). Rule 82 states that an application must include: (1) The facts showing that the applicant expects to be a party to a case cognizable in this Court but is at present unable to bring it or cause it to be brought; (2) the subject matter of the expected action and the applicant’s interest therein; and (3) all matters required to be shown in an application under paragraph (b)(1) of Rule 81 except item (H) thereof. Rule 81(b)(1), as is relevant here, requires the applicant to show the reason for deposing a person rather than waiting to call the person as a witness at trial and the substance of the testimony that the applicant expects to elicit. Rule 82 further provides: If the Court is satisfied that the perpetuation of the testimony or the preservation of the document or thing may prevent a failure or delay of justice, then it will make an order authorizing the deposition and including such other terms and conditions as it may deem appropriate consistently with these Rules. * * * The instant applications state that the applicants expect that, after the death of each, their respective estates will be parties to cases cognizable in this Court and that the cases willPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011