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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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