- 9 - In the instant case, respondent has not demonstrated that most, if not all, of the information respondent needs could not be obtained through the informal procedures required by Rules 70(a), 90(a), and our Branerton opinion. See Branerton Corp. v. Commissioner, supra. Indeed, we believe that informal discovery would be particularly useful to respondent, where, as here, the examination phase of respondent’s inquiry was truncated by a premature issuance of the FPAA. Under such circumstances, respondent may well be able to use informal discovery procedures to complete the administrative investigation that presumably would have been undertaken if the period for issuance of the FPAA had been extended.2 The actions of respondent’s counsel in the instant case lead us to believe that he does not fully appreciate the importance of our Branerton opinion. His insistence on compliance with his formal discovery requests in advance of any conference between the parties does not effectively present an opportunity for the "discussion, deliberation, and an interchange of ideas, thoughts, and opinions between the parties" that our rules contemplate. See Intl. Air Conditioning Corp. v. Commissioner, supra at 93. 2Informal discovery will provide respondent with a basis to decide whether respondent may pursue unconsented deposition testimony under Rule 75--a procedure which, respondent indicates, may be necessary.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011