John R. Toney - Page 7

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          Inc., 477 U.S. 242, 248 (1986).  Where the record viewed as a               
          whole could not lead a reasonable trier of fact to find for the             
          non-moving party, there is no “genuine issue for trial”.                    
          Matsushita Elec. Indus. Co. v. Zenith Radio Corp., supra at 587.            
               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. 267, 271-272 (1985).                                  
          Issue 1.  Liability for Deficiency                                          
               Respondent seeks judgment as a matter of law regarding                 
          petitioner’s deficiency for 1986.  Petitioner argues that he is             
          not liable for a deficiency of $14,611.                                     
               On December 24, 2002, respondent filed respondent’s requests           
          for admission.  Petitioner did not respond to the requests for              
          admission.  Each matter of which respondent requested admission             
          is deemed admitted.  Rule 90(c); see also Marshall v.                       
          Commissioner, supra at 271-272.                                             
               Pursuant to respondent’s requests for admission, petitioner            
          is deemed to have admitted that “his tax due and owing for the              
          calendar year 1986 was $14,611, which he did not pay”.  We also             
          note that petitioner voluntarily signed a plea agreement in his             
          criminal case in which he admitted to owing a tax liability for             
          1986 in the amount of $14,611.                                              
               Based on the deemed admission, we find petitioner is liable            






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