-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 booksPage: Previous 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 Next
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