- 26 - The fourth category of circumstances raised by the estate pertains to the events and documents that are the subject of the estate’s motion to reopen the record. The estate asks the Court to permit submission of three additional documents, incorporated into two exhibits: (1) Exhibit 46-P, copies of decedent’s purported July 7, 2000, pourover will and family trust; and (2) Exhibit 47-P, a copy of a motion for partial summary judgment filed by Mr. Greene in the Florida probate litigation. Reopening the record for the submission of additional evidence is a matter within the discretion of the trial court. Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321, 331 (1971); Butler v. Commissioner, 114 T.C. 276, 286-287 (2000). The standard for doing so may be summarized as follows: “A court will not grant a motion to reopen the record unless, among other requirements, the evidence relied on is not merely cumulative or impeaching, the evidence is material to the issues involved, and the evidence probably would change the outcome of the case.” Butler v. Commissioner, supra at 287. The items proffered in the estate’s motion to reopen the record fall short of the foregoing standard. Even if admitted, the documents would not alter the outcome in this case. The estate contends that the pourover will and family trust show decedent’s “donative intent that Mr. Greene own one-half of all that she had in 2000, the year of the subject sale which producedPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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