- 10 - We conclude that, under the circumstances of the instant case, a protective order should be issued. The order will direct the parties to participate, in good faith, in informal conferences during the next 90 days. The conferences shall be directed to developing stipulated facts for purposes of the instant litigation. After that time, if there are matters still unsettled, the parties may resort to the formal discovery provisions of the Tax Court Rules. There are two other motions to consider. One is petitioner’s Motion for Leave to File a Reply to Respondent’s Objection to Petitioner’s Motion for Protective Order, which we shall deny as moot. The other is petitioner’s Motion to Strike, as unnecessarily argumentative, certain paragraphs in Respondent’s Objection to Petitioner’s Motion for Protective Order, which we shall also deny. A description of the parties’ positions is necessary to our consideration of a request for a protective order. To the extent that respondent may have provided more exposition than may have been necessary (obviously missing the point of petitioner’s objection to proceeding with formal discovery), we shall ignore it. When and if this case is submitted, we shall base our decision on the facts agreed to or developed at trial and upon the arguments set forth in the posttrial briefs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011