- 14 - OPINION I. Preliminary Matters A. Amendment to Answer Trial in this case was held on February 7, 2007. On April 16, 2007, respondent filed a motion for leave to file amendment to answer and lodged therewith the corresponding amendment to answer. Respondent seeks through the amendment to conform the pleadings to the evidence adduced at trial and, based on that evidence, specifically to raise the duty of consistency as an affirmative defense supporting the determination made in the notice of deficiency. Petitioners on April 27, 2007, filed an objection to respondent’s motion, generally alleging dilatoriness and prejudice. Since opening briefs had meanwhile been filed on April 24 and 27, 2007, the Court advised the parties by order dated May 2, 2007, that it intended to rule on the motion in conjunction with the opinion otherwise addressing the substantive matters in this case and that the parties should prepare their reply briefs so as to deal with the duty of consistency in the event that respondent’s motion was ultimately granted. Rule 41 governs amended and supplemental pleadings. Rule 41(a) covers amendments generally and provides in effect that after a responsive pleading is served or 30 days if no responsive pleading is permitted, “a party may amend a pleading only byPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007