Opinion
17846-21
12-17-2021
Sonya Youvett McNeal Petitioner v. Commissioner of Internal Revenue Respondent
ORDER
Maurice B. Foley Chief Judge.
On December 16, 2021, petitioner filed a Motion To Compel Discovery. Under Rule 70(a)(1), formal discovery may not be used until a party has attempted "to attain the objectives of discovery through informal consultation or communication." Petitioner's motion does not indicate that she has attempted to obtain the information sought in her motion to compel through informal consultation or communication with respondent's counsel. Respondent will normally send a "Branerton letter" to a petitioner inviting that petitioner to an informal conference to exchange information. However, nothing prohibits petitioner here from initiating this conference by contacting respondent's counsel. The informal consultation required by the Court is, therefore, at this time the appropriate forum for petitioner to gather the documents or materials she requests from respondent.
Upon due consideration, it is therefore
ORDERED that petitioner's Motion To Compel Discovery is denied.