- 15 - Respondent provided to petitioners the written declaration of Marlene Mills, a Mellon employee, outside the Standing Pretrial Order’s minimum time period for the exchange of documents. That document was not in existence until October 7, 2004, and accordingly, it could not be exchanged within the Court’s requirement of 14 days before the trial session. The Court does not find that exclusion of the declaration is proper considering the declaration only replaced the previous defective declaration of Latoshia Desir, another Mellon employee. Ms. Desir’s declaration, which was provided to petitioners in compliance with the Court’s rule on document exchanges prior to trial, did not comply with Fed. R. Evid. 902(11); therefore, respondent offered another declaration, that of Ms. Mills, meeting the requirements of Fed. R. Evid. 902(11). The records accompanying Ms. Mills’s declaration contained the same content as Ms. Desir’s declaration. Petitioners argue that the new records reflected a change in one of respondent’s arguments, but the Court is convinced that petitioners were sufficiently aware of this argument in advance since it was referenced in petitioners’ own pretrial memorandum. Additionally, petitioners objected to the admission of Form 1099-B in the Stipulation of Facts, in turn, acknowledging that respondent was seeking to introduce Form 1099-B as evidence of the $18,037.50 amount from Principal Life Insurance Company. See Rodriguez v. Commissioner, T.C. Memo. 2005-12. Consequently, the Court believes thatPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011