George M. Osserman - Page 8

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          judgment.  Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985).              
          The opposing party cannot rest upon mere allegations or denials,            
          but must set forth specific facts showing there is a genuine                
          issue for trial.  Rule 121(d); O'Neal v. Commissioner, supra;               
          Webb v. Commissioner, T.C. Memo. 1996-50.  However, the opposing            
          party need not come forth with affidavits or other documentary              
          evidence unless the moving party makes a prima facie showing of             
          the absence of a factual issue.  Shiosaki v. Commissioner, 61               
          T.C. 861 (1974); Fason v. Commissioner, T.C. Memo. 1996-138.                
               As we have noted above, under Rule 90(c), each statement set           
          forth in a request for admissions served on a party is deemed               
          admitted unless a response thereto is served upon the requesting            
          party within 30 days after service of the request.  Alexander v.            
          Commissioner, 926 F.2d 197, 198-199 (2d Cir. 1991), affg. per               
          curiam T.C. Memo. 1990-315; Dahlstrom v. Commissioner, supra at             
          817-818; Freedson v. Commissioner, 65 T.C. at 334-336.  Summary             
          judgment is appropriate where the facts deemed admitted pursuant            
          to Rule 90(c) support a finding that there is no genuine issue as           
          to any material fact.  Marshall v. Commissioner, 85 T.C. at 272;            
          Morrison v. Commissioner, 81 T.C. 644, 651-652 (1983).                      
          Other or Miscellaneous Income for 1976, 1977, and 1978                      
               In a notice of deficiency, respondent determined that                  
          petitioner had failed to report commission income in the amount             
          of $1,684,916 on his 1976 Federal income tax return.  Respondent            
          also determined that petitioner had "failed to file a tax return"           




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