William J. Tully - Page 3

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          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.                                                    




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