Fatai O. and Mary King - Page 11




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          pretrial order to produce all relevant documents.11  Even if the            
          invoice had been admitted into evidence, it would not have been             
          given weight since the date on the invoice appeared to have been            
          altered, and there was a question as to whether the same invoice            
          was used in a prior taxable year.                                           
               The second invoice, for $820, was from an awning company.              
          The invoice had been altered.  The name and street address of a             
          person other than petitioners were crossed out and Mr. King's               
          name was printed above it, and the year of the invoice was also             
          partially crossed out.  As evidence that he actually paid for the           
          $820 awning, Mr. King produced various checks amounting to                  
          $2,172.26 and made payable to Discover and American Express,12              

               11Before trial, petitioners were served with the Court's               
          Standing Pre-Trial Order requiring them to exchange any documents           
          that they expected to be used at trial with respondent at least             
          15 days before the first day of the trial session.  Subsequently,           
          and on two separate occasions, respondent requested that                    
          petitioners provide business record entries, canceled checks,               
          invoices, receipts, and other documentation to establish amounts            
          they paid for various Schedule C expenses and to verify amounts             
          they received from the installment sale of a newsstand.  Because            
          of petitioners' failure to provide any of the requested                     
          documentation, this Court ordered petitioners to comply with                
          respondent's request for production of documents.  We note that             
          petitioners are not entirely unfamiliar with the Tax Court Rules            
          of Practice and Procedure.  They filed a petition pro se in this            
          Court in 1996.  In that case, this Court found petitioners'                 
          records unreliable, and the Court of Appeals for the Third                  
          Circuit affd. without published opinion.  See King v.                       
          Commissioner, T.C. Memo. 1998-69, affd. without published opinion           
          ___ F.3d ___ (3d Cir., May 12, 1999).                                       
               12The checks payable to Discover totaled $1,836.78, and the            
                                                             (continued...)           





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