- 3 - dated January 14, 1997, petitioner was notified of the filing of respondent's Rule 37(c) motion and was ordered to file a reply to respondent's answer.2 Petitioner failed to file a reply to respondent's answer or otherwise respond to the Court's notice. 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 summary judgment with respect to petitioner's liability for the deficiency and penalty set forth in the notice of deficiency. On April 7, 1997, the Court issued an order directing petitioner to file a written response to respondent's motion on or before May 15, 1997. Petitioner did not respond to the Court's order. Discussion Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Florida Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be granted with respect to all or any part of the legal issues in controversy "if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show that there is no 2 The Court’s notice dated Jan. 14, 1997, expressly advised petitioner of the potential consequences that would result from a failure to file a reply.Page: Previous 1 2 3 4 5 6 7 8 Next
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