Andrew L. Paradiso - Page 4

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          891.027 shares of Fidelity SECS Growth & Income Fund for                    
          $42,724.74.                                                                 
               Petitioner received a Form 1099-B, Proceeds From Broker and            
          Barter Exchange Transactions, for 2000 which states that                    
          petitioner sold his shares of the Fidelity Magellan Fund and the            
          Fidelity SECS Growth & Income Fund on July 19, 2000.  On a date             
          not stated in the record, petitioner discussed with his broker,             
          William Dunstan (Dunstan), whether the sale of his shares of the            
          two Fidelity funds was taxable.  The record does not indicate               
          what Dunstan said.                                                          
          C.   Petitioner’s Returns                                                   
               Petitioner prepared draft Federal income tax returns for               
          1999 and 2000.  He used TurboTax software to prepare a draft 2000           
          return.  Petitioner did not file Federal income tax returns for             
          1997, 1998, 1999, or 2000.                                                  
          D.   Proceedings in This Court                                              
               On April 22, 2004, we sent a notice to petitioner setting              
          this case for trial.  The notice states:                                    
                    The parties are hereby notified that the above-                   
               entitled case is set for trial at the Trial Session                    
               beginning on September 27, 2004.                                       
                    The calendar for that Session will be called at                   
               10:00 A.M. on that date and both parties are expected                  
               to be present at that time and be prepared to try the                  
               case. * * *                                                            








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