John L. Collins - Page 2

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            for the taxable year 1994 for a deficiency in income tax in the                              
            amount of $24,002, a fraudulent failure to file penalty under                                
            section 6651(f) in the amount of $18,002, and an estimated tax                               
            penalty under section 6654 in the amount of $1,237.                                          
            Background                                                                                   
                  On May 3, 1996, petitioner timely filed his petition and was                           
            a resident of Tampa, Florida.  On July 8, 1996, respondent filed                             
            an answer denying all material allegations in the petition and                               
            alleging facts in paragraph 7 of the answer in support of the                                
            determination that petitioner had an underpayment of tax for the                             
            taxable year 1994 that was due to fraud.  A copy of the answer                               
            was served on petitioner.                                                                    
                  Petitioner did not file a reply.  On September 20, 1996,                               
            respondent filed a motion under Rule 37(c), asking the Court to                              
            deem admitted the affirmative allegations of fact set forth in                               
            paragraph 7 of respondent’s answer.  The Court thereupon served                              
            petitioner with a notice of filing stating that, if “petitioner                              
            files a reply as required by Rule 37(a) and (b) of this Court’s                              
            Rules on or before October 10, 1996, respondent’s motion will be                             
            denied”, and if petitioner does not reply, “the Court will grant                             
            respondent’s motion”.  Petitioner did not respond to respondent’s                            
            motion or the Court’s notice of filing.  On October 23, 1996, the                            
            Court granted respondent’s Rule 37(c) motion, and the pleadings                              
            in this case were closed.                                                                    





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