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Some of the facts have been stipulated and are so found.
The stipulation of facts and the attached exhibits are
incorporated herein by this reference. At the time they filed
their petition, petitioners resided in California.
For convenience, we have consolidated our findings of fact
and opinion.
During 1999, petitioners were married. In 1999, Dr. Rinker
carried on a medical practice in Burlingame, California. During
1999, W. Bradford Davis (Mr. Davis) worked for three employers,
earning $104,583 in wages. At some point in 1999, Mr. Davis
ended his employment with the last of those three employers, a
company called Wind River, and was not employed by another
concern for the rest of the year. Mr. Davis and Dr. Rinker have
since divorced.
I. Deemed Admissions
On December 13, 2004, respondent served requests for
admission on Mr. Davis and Dr. Rinker. Respondent filed the
requests with the Court on December 14, 2004. The requests asked
petitioners to admit two facts: (1) That Mr. Davis’s 1999
photography activity was not entered into for profit, and (2)
that the gross receipts of Dr. Rinker’s medical practice were
$120,531 in 1999.
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