- 4 - Rheinheimer signed for the letter addressed to his care, on March 18, 1995. Respondent has never received a response from petitioners or their representative. On May 23, 1995, respondent served by certified mail, return receipt requested, upon petitioners, at their residence address, Respondent's Request for Admissions, Interrogatories, and Respondent's Request for Production of Documents. Petitioners did not file any response to the request for admissions. In her request for admissions, respondent requested that petitioners admit that each of the determinations in the notice of deficency was correct. In addition, respondent requested admission that petitioners' 1990 tax return was filed April 15, 1992, and that they had no reasonable cause for the late filing. Petitioners did not respond to respondent's request for admissions. Accordingly, respondent filed a Motion for Summary Judgment seeking judgment in her favor with respect to all disputed issues. Respondent bases her Motion for Summary Judgment on the matters deemed admitted pursuant to Rule 90(c) (resulting from petitioners' failure to respond to respondent's request for admissions). Petitioners have failed to respond to the pending motion. OPINION Summary judgment is appropriate "if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, showPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011