Robert D. Aronfeld - Page 4




                                        - 3 -                                         

               Rule 91(a) requires the parties to stipulate all evidence              
          that fairly should not be in dispute.  Petitioner refused to                
          execute a written stipulation prepared by respondent that would             
          have placed into evidence copies of petitioner's Federal income             
          tax returns for the years at issue and copies of the notices of             
          deficiency for those years.  These documents were admitted into             
          evidence over petitioner's objection.  At the time the petitions            
          were filed, petitioner's legal residence was Las Vegas, Nevada.             
               Petitioner is a retired attorney.  He was not engaged in the           
          practice of law during the years at issue.  On his 1995 and 1996            
          Federal income tax returns, he reported wage and salary income as           
          well as income from a trade or business activity described as               
          insurance sales.  The wage and salary income reported on the 1995           
          return came from two family and medical health plans for which              
          the employers issued Internal Revenue Service (IRS) Forms W-2,              
          Wage and Tax Statement.  The wage and salary income reported on             
          the 1996 return was from an employer named IMC Trading, Inc.,               
          also based on an IRS Form W-2.                                              




               3(...continued)                                                        
          deficiencies at issue in this case cannot be assessed until the             
          Court issues a decision.  A "no change" letter issued by                    
          respondent does not generally preclude respondent from                      
          subsequently issuing a notice of deficiency.  Opine Timber Co. v.           
          Commissioner, 64 T.C. 700, 712 (1975), affd. without published              
          opinion 552 F.2d 368 (5th Cir. 1977).                                       





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