- 4 - $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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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