119 T.C. No. 8 UNITED STATES TAX COURT SCHNEIDER INTERESTS, L.P., RUSS SCHNEIDER FARMS, L.L.C., TAX MATTERS PARTNER, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 200-02. Filed September 30, 2002. Four months after the instant case was docketed, R sent P a so-called Branerton letter consisting of 68 pages of questions and requests for documents. Thirty-five days later, R instituted formal discovery by serving upon P 77 pages of interrogatories and 78 pages of requests for production of documents. R rejected P’s suggestion that compliance with formal discovery be postponed until the parties held a conference, stating that the instant case is "a good candidate for designation for litigation under IRM 35.3.14." P then filed a Motion for Protective Order seeking to stay compliance with formal discovery. Held, a protective order shall be issued. R’s service of formal discovery is inconsistent with Rule 70(a)(1) and with the cases, such as Branerton v. Commissioner, 61 T.C. 691 (1974), which direct the parties to utilize informal consultation or communication before employing the formal discovery procedures.Page: 1 2 3 4 5 6 7 8 9 10 11 Next
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