-30-
of $1,133,000 with respect to the tax deficiencies at issue. The
money that was used to fund that check was distributed from the
LRFLP.
13. Pretrial Order of August 5, 2004
On August 5, 2004, the Court issued the following pretrial
order in docket No. 7575-04:
For cause, it is
ORDERED that each of the parties shall file no
later than September 7, 2004, a memorandum [issues
memorandum] setting forth–
(1)(a) The issues of fact (including any
issues subsidiary to ultimate issues), and
(b) the issues of law (including any issues
subsidiary to ultimate issues) to be resolved
by the Court. Such issues should be set
forth in sufficient detail to enable the
Court to decide the case in its entirety by
addressing each of the issues listed.
(2) A clear, complete, and concise
exposition of each party’s position and the
theory underlying that position with respect
to each of the issues that are set forth
pursuant to (1) above. In this regard, each
party shall include a statement in narrative
form of what each party expects to prove.
* * * * * * *
It is further
ORDERED that the statement of issues set forth
pursuant to (1) above shall control the admissibility
of evidence at trial * * *. It is further
ORDERED that neither party will be allowed to
advance a position or theory underlying that position
with respect to * * * one or more of the issues set
forth pursuant to (1) above that is different from the
positions or theories set forth pursuant to (2) above.
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