Frank George - Page 8




                                        - 8 -                                         
          Memo. 1994-370.  Relying on these authorities, respondent argues            
          that any partnership items of either petitioner or Arivada with             
          regard to HOMC for 1996 and 1997 were converted as of the time              
          the bankruptcy petitions were filed in 1998 to nonpartnership               
          items subject to the deficiency procedures used in this case.  We           
          agree with respondent.                                                      
               Petitioner has cited neither reason nor authority for his              
          proposition that filing of the bankruptcy petitions should be               
          disregarded because Arivada’s bankruptcy case was dismissed                 
          before the notice of deficiency was sent.  He achieved a stay in            
          his earlier case that was lifted by the bankruptcy court so that            
          the Tax Court case could be resolved.  His case was dismissed               
          after the notice of deficiency was sent to him.  We agree with              
          respondent that petitioner’s argument lacks merit and that the              
          notice of deficiency properly included what otherwise might have            
          been regarded as partnership items.  Thus, the Court has                    
          jurisdiction over those items in this case.                                 
               The parties prepared a stipulation as required by Rule 91              
          and by the Standing Pre-Trial Order served with the notice of               
          trial.  In the stipulation, petitioner objected on Fifth                    
          Amendment grounds to facts set forth in the stipulation that were           
          not reasonably subject to dispute.  Many of the documents                   
          attached to the stipulation were third-party documents, such as             
          bank records.  Petitioner claims that the Court was required to             






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