- 4 -
preparation of a stipulation of facts. Valuation cases
and reasonable compensation cases are generally
susceptible of settlement, and the Court expects the
parties to negotiate in good faith with this objective
in mind. All minor issues should be settled so that
the Court can focus on the issue(s) needing a Court
decision.
* * * * * * *
ORDERED that all facts shall be stipulated to the
maximum extent possible. All documentary and written
evidence shall be marked and stipulated in accordance
with Rule 91(b), unless the evidence is to be used to
impeach the credibility of a witness. Objections may
be preserved in the stipulation. If a complete
stipulation of facts is not ready for submission at
trial, and if the Court determines that this is the
result of either party’s failure to fully cooperate in
the preparation thereof, the Court may order sanctions
against the uncooperative party. Any documents or
materials which a party expects to utilize in the event
of trial (except for impeachment), but which are not
stipulated, shall be identified in writing and
exchanged by the parties at least 15 days before the
first day of the trial session. The Court may refuse
to receive in evidence any document or material not so
stipulated or exchanged, unless otherwise agreed by the
parties or allowed by the Court for good cause shown.
* * *
On January 16, 2003, petitioner and the Appeals officer
assigned to the case discussed petitioner’s tax liability.
Petitioner indicated that he would provide information to the
Appeals officer to support his contention that he did not owe any
tax. On January 17, 2003, pursuant to Branerton Corp. v.
Commissioner, 61 T.C. 691 (1974), respondent’s counsel invited
petitioner to a conference on February 13, 2003, at respondent’s
office and informally requested that petitioner produce certain
documents.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011