- 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