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The records, which were submitted with the affidavits,
consist of: (1) Forms W-2, Forms 1099-MISC, and Forms 1099-R
which relate to petitioner; (2) biweekly or semimonthly time
reports from Ursuline which petitioner signed; (3) checks from
Ursuline, the Orchestra, and Pioneer made out to the order of
petitioner;4 (4) various intraoffice memoranda, statements, and
letters addressed to petitioner from Ursuline regarding
petitioner’s hourly rate of pay, terms of employment, and
employment status; (5) a letter of resignation from a position as
violin instructor addressed to Ursuline and signed by petitioner;
(6) wage and tax registers, as well as autopay payroll registers,
for the Orchestra; and (7) an IRA statement from Pioneer.
On February 19, 2002, petitioner filed a motion in limine in
which she moved to exclude from evidence any affidavits and
records respondent sought to introduce at trial. Respondent sent
to petitioner the affidavits of Ms. Harrison and Ms. McSorley on
Friday, February 22, 2002. Petitioner received those documents
on February 23, 2002. Respondent sent to petitioner the
affidavit of George Patenode on February 21, 2002, which she
received on February 22, 2002. This case was called for trial on
3(...continued)
relating to petitioner’s alleged receipt of a taxable IRA
distribution from Pioneer in 1997.
4Petitioner endorsed some of the checks, and some were
apparently deposited without endorsement.
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