Evans Publishing, Inc. - Page 16




                                       - 16 -                                         
          strike); see also Yamaha Motor Corp. v. Commissioner, T.C. Memo.            
          1992-110.  With regard to whether respondent may abuse the                  
          discovery process, we believe that our Rules provide adequate               
          means to address any such eventuality.                                      
               C.   Conclusion                                                        
               We are not deciding at this time that additional individuals           
          were employees of petitioner or that petitioner is liable for               
          additional employment taxes.  We conclude, however, that                    
          respondent should have the opportunity to present these                     
          allegations to the Court as the questions raised by the                     
          allegations are better left for a determination on the merits.              
          Estate of Jephson v. Commissioner, supra at 1003.                           
               Paragraphs 9 and 10 of the Answer to the Second Amended                
          Petition are not redundant, immaterial, impertinent, frivolous,             
          or scandalous.  Accordingly, petitioner’s motion to strike is               
          denied.                                                                     
               In reaching all of our holdings herein, we have considered             
          all arguments made by the parties, and to the extent not                    
          mentioned above, we find them to be irrelevant or without merit.            
               To reflect the foregoing,                                              
                                                  An appropriate order will           
                                             be issued.                               










Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  

Last modified: May 25, 2011