Robert Lee Jr. - Page 8




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               from you by November 9, 2001, I will file a motion                     
               under Tax Court Rule 91(f) to compel you to stipulate                  
               to facts.                                                              
               On December 14, 2001, the Order to Show Cause Under Rule               
          91(f) was issued to petitioner.  Petitioner responded to that               
          order, attempting to condition his stipulation on recognition of            
          his assertion of the Fifth Amendment privilege, but he showed               
          neither reasonable fear of incrimination nor reasonable doubt as            
          to the accuracy of the proposed stipulations.  By Order dated               
          January 10, 2002, the matters set forth in the proposed                     
          stipulation were deemed established for purposes of this case.              
               The case was called from the calendar in Phoenix, Arizona,             
          on January 28, 2002.  The respective trial memoranda of the                 
          parties were filed.  Petitioner’s trial memorandum set forth                
          inapplicable legal authorities dealing with illegal income in               
          support of his argument that respondent had the burden of proof.            
          Under evidentiary problems, petitioner set forth the following:             
                    Evidentiary Problems:  The evidence the Respondent                
               apparently intends to use the W-2's or 1099's.  The                    
               W-2's are jurisdictionally barred as they are reports                  
               from “Wages” alleged to have been paid under                           
               Subtitle C.  This Court is without jurisdiction to                     
               determine the Petitioner’s ‘employment’ status absent a                
               self-employment tax claim.  The W-2's or 1099's are                    
               otherwise invalid because they must be submitted to the                
               IRS by the preparer under penalty of perjury.  26                      
               U.S.C. sec. 6065.                                                      
          Trial was set for January 30, 2002.                                         









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