- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011