- 3 - that undenied allegations in respondent's answer to the amended petition be deemed admitted. The Court issued an order to petitioners advising them of the filing of respondent's motion under Rule 37(c) and directing petitioners to file a reply to respondent's answer on or before April 6, 1997. Petitioners failed to file a reply to respondent's answer or otherwise respond to the Court's order. Consequently, we granted respondent's Rule 37(c) motion, and the undenied allegations set forth in respondent's answer were deemed to be admitted. See Doncaster v. Commissioner, 77 T.C. 334, 336 (1981); Gilday v. Commissioner, 62 T.C. 260, 261 (1974). As indicated, respondent now moves for judgment on the pleadings with respect to petitioners' liability for the deficiency and the fraud penalty set forth in the notice of deficiency. By order dated May 20, 1997, petitioners were notified that respondent's motion was calendared for hearing at the motions session of the Court in Washington, D.C., on June 25, 1997. In addition, petitioners were directed to file a written response in opposition to respondent's motion. Petitioners did not respond to the Court's order. Counsel for respondent appeared at the hearing and presented argument in support of the motion. No appearance was made by orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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