Robert Lee Jr. - Page 4




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               deficiency can lawfully issue that is not a                            
               joint Notice of Deficiency addressed to both                           
               spouses jointly.                                                       
          Attached to the Amended Petition was a verification under penalty           
          of perjury signed by petitioner.                                            
               By notice served August 24, 2001, this case was set for                
          trial in Phoenix, Arizona, on January 28, 2002.  Attached to the            
          Notice Setting Case for Trial was a Standing Pre-Trial Order that           
          provided in part:                                                           
                    ORDERED that all facts shall be stipulated to the                 
               maximum extent possible.  All documentary and written                  
               evidence shall be marked and stipulated in accordance                  
               with Rule 91(b), unless the evidence is to be used to                  
               impeach the credibility of a witness.  Objections may                  
               be preserved in the stipulation.  If a complete                        
               stipulation of facts is not ready for submission at                    
               trial, and if the Court determines that this is the                    
               result of either party’s failure to fully cooperate in                 
               the preparation thereof, the Court may order sanctions                 
               against the uncooperative party.  Any documents or                     
               materials which a party expects to utilize in the event                
               of trial (except for impeachment), but which are not                   
               stipulated, shall be identified in writing and                         
               exchanged by the parties at least 15 days before the                   
               first day of the trial session.  The Court may refuse                  
               to receive in evidence any document or material not so                 
               stipulated or exchanged, unless otherwise agreed by the                
               parties or allowed by the Court for good cause shown.                  
               * * *                                                                  
               On November 8, 2001, Respondent’s Request for Admissions was           
          filed.  Petitioner’s Response to Requests for Admissions was                
          filed December 4, 2001.  Petitioner’s responses included                    
          assertions such as the following:  “Admit the Petitioner lived in           
          Phoenix, Arizona, but denies he resided.”  With respect to each             







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