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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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