- 13 - had yet been assigned to the case. Ace transmitted this information to Moffatt. Moffatt asked Ace if he could get litigation costs if he settled with the Appeals Office. Ace told him that she did not think so, but that she would find out. On May 14, 2004, Ace, having evaluated the materials, concluded that respondent should concede the earned income credit issue. On May 17, 2004, the case was called at the calendar call for the Court’s trial session to deal with petitioner’s motion in limine. Respondent was represented by Nguyen Hoang (hereinafter sometimes referred to as Hoang), and petitioner was represented by Moffatt. Hoang stated that the purpose of petitioner’s motion in limine could best be achieved during the stipulation process, which would follow the appeals process. Moffatt stated that he had subpoenaed 10 government employees to come to the hearing on the motion, in order to authenticate the documents and support the documents’ admissibility. Moffatt stated that “if the motion is heard, and the witnesses are allowed to testify, I think the case will not need to go further in trial. I think it will be settled by summary judgment.” The Court directed counsel to meet, discuss the documents, and report back. About 1-1/2 hours later, the case was recalled. Hoang agreed to stipulate all the documents in petitioner’s motion in limine, as follows:Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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