Gilbert Vasquez - Page 13

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          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:                                                         






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