Marcia Tyrrell - Page 6

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          in the light most favorable to the nonmoving party.  Sundstrand             
          Corp. v. Commissioner, supra at 520; Naftel v. Commissioner, 85             
          T.C. 527, 529 (1985).  A motion for summary judgment may be based           
          upon facts established by deemed admissions. Rule 90(c); Morrison           
          v. Commissioner, 81 T.C. 644, 651-652 (1983).                               
               The party opposing summary judgment may not rest upon the              
          mere allegations or denials in that party's pleadings but must              
          set forth specific facts showing that there is a genuine issue              
          for trial.  Rule 121(d); O'Neal v. Commissioner, supra at 674;              
          Marshall v. Commissioner, 85 T.C. 267, 271 (1985).                          
               For the reasons set forth below, we find that there are no             
          genuine issues of material fact remaining for trial and hold that           
          respondent is entitled to summary judgment.                                 
          Issue 1.  Tax Deficiencies                                                  
               The first issue for decision is whether petitioner is                  
          liable for the tax deficiencies in the amounts remaining in issue           
          after concessions by respondent.  Petitioner's deemed admissions            
          for 1987 establish the following:  (1) Petitioner did not report            
          wages from Nick's Auto in the amount of $11,840; (2) petitioner             
          deducted $1,927 in personal expenses as rental property                     
          deductions on Schedule E; (3) petitioner deducted $3,460 in                 
          unsubstantiated expenses as itemized deductions on Schedule A;              
          and (4) there is a deficiency of $3,333 in petitioner's income              
          tax for taxable year 1987.  Similarly, petitioner's deemed                  
          admissions for 1988 establish the following:  (1) Petitioner did            




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