- 15 - nothing could be gained toward disposition by granting petitioner’s motion. We affirm our earlier denial. Reopening the record for the submission of additional evidence is a matter within the discretion of the trial court. Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 331 (1971); Butler v. Commissioner, 114 T.C. 276, 286-287 (2000). The standard for doing so may be summarized as follows: “A court will not grant a motion to reopen the record unless, among other requirements, the evidence relied on is not merely cumulative or impeaching, the evidence is material to the issues involved, and the evidence probably would change the outcome of the case.” Butler v. Commissioner, supra at 287.3 Petitioner’s motion to reopen the record seeks to have the Court admit his bank and credit card statements for 1997 through 1999. These proffered items fall short of the foregoing standard. Even if admitted, the documents would not alter the outcome in this case. The 3 years of financial statements in 3 The Court notes that prior to the trial of this case, we contacted counsel for petitioner and respondent by conference calls and implored the parties to acknowledge and obey the Court’s standing pretrial order and the Tax Court Rules of Practice and Procedure. These items require the parties to stipulate facts and documents not reasonably in dispute and to exchange before trial documents to be introduced as evidence. In addition, the trial of this case was delayed for an hour to afford petitioner an eleventh hour opportunity to provide documents to respondent; this effort resulted in petitioner’s two exhibits’, described supra in text, being admitted at trial despite respondent’s objections.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011