Forkston Fireworks Mfg. Co., Inc. - Page 3

          respondent allowed.  However, petitioner does not claim an                  
               After the instant case was noticed for trial, respondent               
          filed a Motion for Summary Judgment.  In this motion respondent             
          relies on deemed admissions by Anthony and Gloria Donnora,                  
          hereinafter referred to as Anthony and Gloria, respectively, and            
          as the Donnoras, collectively, in another docket, Donnora v.                
          Commissioner, docket No. 9470-97, contending that these deemed              
               must be deemed admitted as against petitioner because the              
               Donnoras are the owners of petitioner and are the only                 
               parties who can therefore properly act for petitioner and              
               admit or deny allegations pertaining to petitioner.  Tax               
               Court Rule 23.  Having admitted that $112,934.00 in                    
               Forkston’s gross receipts were diverted to themselves and              
               were omitted from Forkston’s income tax return for 1990 in             
               the Donnora case, and to having been found guilty under                
               I.R.C. � 7206(2), Anthony and Gloria[3] Donnora cannot now             
               deny that there was an omission of income on Forkston’s                
               corporate income tax return for the year 1990 in the amount            
               of $112,934.00.                                                        
               Petitioner, in its response to the motion, points out that             
          (1) Anthony and Gloria are denying in their docket the factual              
          allegations that respondent relies on in the motion in the                  
          instant case, (2) petitioner had not been indicted or convicted             
          for tax fraud for 1990, (3) although Anthony had been convicted             
          under section 7206(2) with regard to petitioner’s 1990 tax                  
          return, the jury did not make, and was not directed to make, any            

               3    The record does not include any information indicating            
          that Gloria was convicted, or even indicted, under sec. 7206(2).            

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