Wayne E. and Dorothy E. Wells - Page 12

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          returning the documents advised them that such a motion was                 
          necessary.                                                                  
               On May 23, 1994, the Court denied petitioners' Motion To               
          Dismiss and granted petitioners' Motion For Continuance.                    



          Motion for Withdrawal of Deemed Admissions                                  
               On July 12, 1994, petitioners served respondent with their             
          Motion To Withdraw Deemed Admissions.  Between the hearing on May           
          23, 1994, and the date petitioners' motion was filed, petitioners           
          had not presented any evidence or any documentation to respondent           
          concerning the issues involved in the case.                                 
               Under Rule 90(c), each matter in a request for admissions is           
          deemed admitted unless, within 30 days after service (or within             
          such shorter or longer time as the Court may allow), the party to           
          whom the request is directed admits, denies, or objects, stating            
          the reasons for the objection.  The written response must be                
          served on the other party and filed with the Court.  For purposes           
          of this case, each matter contained in the request was deemed to            
          be admitted as of April 7, 1994, because no objection or other              
          response was made by petitioners within the time period specified           
          by Rule 90(c).  Freedson v. Commissioner, 65 T.C. 333 (1975),               
          affd. on another issue 565 F.2d 954 (5th Cir. 1978).                        
               Under Rule 90(f), "Any matter admitted under this Rule is              
          conclusively established unless the Court on motion permits                 




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