- 7 - a. that the disability income payments under an insurance policy are taxable. 5. The facts upon which the petitioner relies, as the basis of petitioner’s case, are as follows: taxes are paid by the insurance company as provided by the insurance policy. No other errors were pleaded. At all times during this case, petitioner was represented by Neal. By notice served October 14, 2005, this case was set for trial in New York City on March 20, 2006. Attached to the notice was the Court’s standing pretrial order, which provided in part: Continuances will be granted only in exceptional circumstances. See Rule 133, Tax Court Rules of Practice and Procedure. * * * Even joint motions for continuance will not be routinely granted. * * * * * * * 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 solely 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 the commencement of the trial or at such other time ordered by the Court, 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 * * * but which are not stipulated, shall be identified in writing and exchanged by the parties at least 14 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. It is further * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011