- 9 - properly raised by the parties". 10A Wright & Miller, Federal Practice and Procedure: Civil, sec. 2725, at 93 (2d ed. 1983). A. Deficiencies for 1984 and 1985 The first issue is whether petitioner is liable for the deficiencies. Respondent moves the Court to hold as a matter of law that petitioner owes deficiencies of $547,778 and $953,134 for 1984 and 1985, respectively. Under Rule 90(c), matters set forth in requests for admission 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 has failed to respond to respondent's requests, the facts as set forth therein are deemed admitted and are a sufficient basis on which to grant respondent's motion for summary judgment as to the deficiencies. Coninck v. Commissioner, 100 T.C. 495, 496 (1993); Marshall v. Commissioner, 85 T.C. 267, 271-272 (1985); Freedson v. Commissioner, 65 T.C. 333, 334-336 (1975), affd. on another issue 565 F.2d 954 (5th Cir. 1978). Section 61 defines gross income as income from whatever source derived. The Supreme Court has held that when earnings are acquired, lawfully or unlawfully, without a consensual recognition of an obligation to repay, there is income to the taxpayer. James v. United States, 366 U.S. 213, 219 (1961).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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