John Devlin - Page 6

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          with or without supporting affidavits * * * within such period              
          as the Court may direct."  Rule 121(b).  Summary judgment is                
          appropriate "if the pleadings, answers to interrogatories,                  
          depositions, admissions, and any other acceptable materials,                
          together with the affidavits, if any, show that there is no                 
          genuine issue as to any material fact and that a decision may be            
          rendered as a matter of law."  Rule 121(b).  The moving party               
          bears the burden of proving that there is no genuine issue of               
          material fact, and factual inferences are viewed in the light               
          most favorable to the nonmoving party.  United States v. Diebold,           
          Inc., 369 U.S. 654, 655 (1962); Preece v. Commissioner, 95 T.C.             
          594, 597 (1990).  A fact is material if it "tends to resolve any            
          of the issues that have been properly raised by the parties."               
          10A Wright et al., Federal Practice and Procedure, Civil 2d, sec.           
          2725, at 93 (2d ed. 1983).                                                  
               The facts are established by the First Admission Request and           
          the Second Admission Request that respondent served on petition-            
          er.  Under Rule 90(c), matters set forth in requests for admis-             
          sion are deemed admitted unless an answer or objection is served            
          on the requesting party "within 30 days after service of the                
          request or within such shorter or longer time as the Court may              
          allow".  Since petitioner in the instant case has failed to                 
          respond to respondent's requests, the facts set forth in the                
          requests for admission are deemed admitted.                                 
          A.  Deficiencies                                                            




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