Kern S. and Soledad D. Smith - Page 3

                                        - 3 -                                         

               Petitioners reported wages of $4,558 consisting of $950 paid           
          to Mrs. Soledad Smith (Mrs. Smith) by Heritage Flamingo                     
          Apartments and $3,608.26 paid to Mr. Smith (petitioner) by                  
          Alameda Newspapers, Inc.  On line 12 (business income) of Form              
          1040, petitioners reported $16,147.  They did not attach a                  
          Schedule C as required, nor did they claim any deductions or cost           
          of goods sold.                                                              
               Petitioner also received nonemployee compensation from the             
          Alameda Newspaper Group in the amount of $183,585 during 1993,              
          which petitioners failed to report.  Neither did they deduct any            
          expenses connected with this sum.                                           
               A statutory notice of deficiency was sent to petitioners on            
          October 1, 1996.  On June 26, 1997, they attempted to file an               
          amended income tax return, Form 1040X, on which they reported the           
          $183,585 and claimed deductions totaling $178,636.                          
               Although requested to do so, petitioners did not meet with             
          respondent or present any substantiation for the claimed                    
          deductions until January 26, 1998, 6 days before the beginning of           
          the trial session on which this case was scheduled.  The Court’s            
          standing pre-trial order (which was served on petitioners by the            
          Court on August 26, 1997, and a copy of which respondent had sent           
          them when requesting an earlier meeting) stated:  “Any documents            
          or materials which a party expects to utilize in the event of               
          trial * * *, but which are not stipulated, shall be identified in           





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