Wallace and Donnetta Duncan, et al. - Page 13

                                       - 13 -                                         
          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           






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011