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In the notice of deficiency, respondent determined that
petitioner’s adjusted basis in each asset was zero. Petitioner
also reported losses totaling $297,264.40 from 12 items of
property sold in 1987-90. Respondent made no determination
relating to the property petitioner reported selling at a loss.
D. Procedural History
1. Trial on October 24, 2001
In Allnutt v. Commissioner, T.C. Memo. 2002-311 (Allnutt
II), a prior opinion filed in the instant case, we held that (1)
the notice of deficiency for tax years 1987-90 and 1992-95 was
timely issued; and (2) because of our decision in Allnutt I,
petitioner was barred by res judicata from arguing that he had
losses in 1981-86 which he could carry forward to the years in
issue (1987-90 and 1992-97).
The issues decided in Allnutt II were tried on October 24,
2001. Petitioner prepared 10 subpoenas for Internal Revenue
Service (IRS) employees to appear as witnesses at the Court’s
trial session beginning on October 22, 2001. Petitioner did not
tender witness fees or mileage to the summoned witnesses. Also,
the return of service for those subpoenas did not contain the
date and time of service and did not contain a sworn statement
signed and dated by the person making service that he or she had
delivered the subpoena to the summoned witness and tendered fees
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