Warren R. Ketler - Page 4




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          $5,003 represents taxable income for petitioner's taxable year              
          1991.                                                                       
               With respect to 1990, respondent consulted Bureau of Labor             
          Statistics (BLS) tables to determine the average amount of income           
          that a person who met certain criteria applicable to petitioner             
          would have earned during that year.  Respondent then added an               
          additional amount to the sums revealed as income in the Forms               
          1099-MISC in order to arrive at a reconstructed income for                  
          petitioner that equaled the average determined by using the BLS             
          tables.                                                                     
               During the pretrial phase of this case, respondent served a            
          request for admissions and a request for production of documents            
          upon petitioner.  Although petitioner acknowledges receiving                
          these items, no response was forthcoming.1  On March 19, 1997,              
          respondent served a motion to compel production of documents.               
          This motion was returned to respondent on or about April 2, 1997.           
          Respondent then realized that the request for production of                 
          documents, as well as the motion to compel production of                    
          documents, had been addressed to petitioner at P.O. Box 239, Palo           
          Alto CA 94023, instead of at the address reflected on his                   
          petition, P.O. Box 239, Los Altos CA 94023.  On April 11, 1997,             
          respondent served another copy of the motion to compel production           



               1 The matters set forth in the request for admissions are              
          deemed admitted.  See Rules 90(c), 104(d).  We note further that            
          other evidence presented by respondent at trial substantiates the           
          matters deemed admitted.                                                    

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