John Devlin - Page 11

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          forth in respondent's requests for admission, respondent has                
          established by clear and convincing evidence that petitioner's              
          failure to file Federal income tax returns for the years in issue           
          was fraudulent.  Thus, we shall grant respondent's Motion for               
          Summary Judgment and sustain the additions to tax for fraud                 
          asserted in respondent's Amended Answer to Amended Petition for             
          the taxable years 1990, 1991, and 1992.  Because we are granting            
          respondent's Motion for Summary Judgment for the additions to tax           
          for fraud, we do not need to consider respondent's alternate                
          position that petitioner is liable for additions to tax under               
          section 6651(a)(1).                                                         
               To reflect the foregoing,                                              
                                             An order granting respondent's           
                                        Motion for Summary Judgment will be           
                                        issued, and decision will be                  
                                        entered for respondent.                       



















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