Opinion
3823-19 4421-19
02-02-2023
ROYALTY MANAGEMENT INSURANCE COMPANY, LTD., ET AL., Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent
ORDER
Albert G. Lauber Judge
These "micro-captive" insurance cases involving petitioners' 2012 tax year are calendared for trial at a two-week special session in Oklahoma City, Oklahoma, beginning February 14, 2023. On January 5, 2023, the parties filed a First Stipulation of Facts with attached Exhibits. According to our Pretrial Scheduling Order, served October 17, 2022, any unagreed exhibits were required to be lodged with the Court by January 30, 2023.
On January 31, 2023, respondent filed a large number of Proposed Trial Exhibits, representing that these were "unagreed" and that he is "awaiting petitioners' views on these documents." He also represented that "[t]here are additional documents which respondent may offer as exhibits at trial." That same day, petitioners separately filed a large number of Proposed Trial Exhibits, representing that these were "unagreed" and that the "parties are actively working on a First Supplemental Stipulation" that will include most or all of the 750 proposed exhibits the parties have filed with the Court. Petitioners represent that they are "now reviewing Respondent's proposed exhibits" and that, "[w]hile there are some authentication issues, the majority of the problems are hearsay, duplication, and relevance." The parties subsequently filed a joint status report stating that, due to the "voluminous nature of the parties' unagreed proposed trial exhibits and technical issues relating to the size of the proposed exhibits, neither party was able to file all their proposed exhibits" by the January 30, 2023, deadline. The parties represent that neither has been prejudiced by any delay.
In the hope of avoiding further complications in the record we will extend by one week the time for lodging proposed trial exhibits. In the meantime, to minimize the number of proposed trial exhibits that must be separately considered at trial, the Court expects the parties to execute one or more supplemental stipulations of facts, in which the parties shall stipulate all documents agreed to be authentic. The parties may reserve in such stipulation(s) any objections (e.g., relevance and hearsay) that they believe to be appropriate.
In consideration of the foregoing, it is
ORDERED that the time for lodging with the Court any unagreed proposed trial exhibits is extended nunc pro tunc to February 9, 2023.