Kenneth Lee Anderson and Carol Jane - Page 11




                                       - 11 -                                         

          material fact and that a decision may be rendered as a matter of            
          law."  Rule 121(b); see Anderson v. Liberty Lobby, Inc., 477 U.S.           
          242, 247 (1986); Sundstrand Corp. v. Commissioner, 98 T.C. 518,             
          520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v.                    
          Commissioner, 90 T.C. 753, 754 (1988); Naftel v. Commissioner, 85           
          T.C. 527, 529 (1985).                                                       
               Respondent's Third Request for Admissions covers all                   
          remaining substantive issues in the case that were not disposed             
          of by the Court's prior opinion Anderson v. Commissioner, T.C.              
          Memo. 1998-253.  Petitioners filed no response thereto within the           
          30-day period required by Rule 90(c).  Petitioners did not                  
          respond to the Court's subsequent orders to respond to                      
          respondent's motions, and the opportunities thereby afforded                
          petitioners to move to vacate their deemed admissions if they had           
          shown any desire to provide answers or otherwise dispute the                
          conclusory facts embodied in respondent's Third Request for                 
          Admissions.                                                                 
               Each matter set forth in respondent's Third Request for                
          Admissions is deemed admitted.  See Rule 90(c); Marshall v.                 
          Commissioner, 85 T.C. 267, 272 (1985).  As a result, respondent             
          has carried his burden of proving that there is no genuine issue            
          of material fact that remains to be decided by the Court.  See              
          Marshall v. Commissioner, supra at 271; see also Fajardo v.                 
          Commissioner, T.C. Memo. 1999-308.                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011