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correspondence from the Arbitrator will be provided to all
parties simultaneously. (2) From the date they receive any
requests for additional information, the parties will have a
period not exceeding 15 days to respond in writing to the
Arbitrator. (3) The Arbitrator’s 30 day review period will
commence on the earlier of: (a) the sixteenth (16th) day after
the parties receive any written request for additional
information from the Arbitrator; or (b) the date the Arbitrator
states in writing to the parties that he has sufficient
information to make his Findings.
C. By the end of his 30-day review period, the
Arbitrator will prepare his written Findings on the Issues.
These Findings should state, to the extent necessary, the reasons
for any material revisions to the conclusions contained in the
2001 expert witness report previously submitted by Mr. Garb which
is currently lodged with the Tax Court. The Arbitrator must
provide his written Findings to both parties simultaneously no
later than the 30th day of his 30 day review period. The parties
will submit the Arbitrator’s Findings to the Tax Court within 10
days thereafter.
5. FINALITY. The parties agree to be bound by the
Arbitrator’s Findings and that the Findings are final and can not
be appealed. While the parties agree that the Findings regarding
the Issues specified in paragraph 2 above shall be conclusive and
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Last modified: May 25, 2011