Lee Nelson Shaw - Page 5




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          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 will           





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