Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 141

                                                -219-                                                   
            Court’s order.  See United States v. Administrative Enters., 46                             
            F.3d 670 (7th Cir. 1995).                                                                   
                  D.  Requests for Production of Documents                                              
                  PSAC maintained records for Kanter, a number of his family                            
            trusts, and IRA and THC.  Before trial, there were “agreements                              
            *  *  * [between respondent and petitioners] that certain third                             
            party production [records of THC] would be made”.  Shortly before                           
            the close of discovery, the agreement fell apart.  United States                            
            v. Administration Co., 74 AFTR 2d 94-5252, at 94-5255, 94-2 USTC                            
            par. 50,479, at 85,770.  Kanter first promised to produce THC’s                             
            books and records in the possession of PSAC and then, in early                              
            February 1994, notified respondent that the THC records were                                
            records of third parties over whom Kanter had no control.  Id.                              
            Kanter’s position was that THC was a third party and discovery on                           
            Kanter was not discovery on THC.  Dick, Transcr. at 2509.  In the                           
            summons enforcement proceedings, the District Court found that                              
            this “eleventh-hour” change of position by the Kanters was                                  
            indicative of bad faith on the part of the Kanters.  United                                 
            States v. Administration Co., 74 AFTR 2d 94-5252, at 94-5254, 94-                           
            2 USTC par. 50,479, at 85,769.                                                              
                  At the start of the trial in these cases, respondent issued                           
            subpoenas to various Kanter-related entities requesting                                     
            production of documents.  Exh. 9045.  In addition to the books                              





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