- 6 - 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 didPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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