Paul Garfinkle - Page 14

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          during a period of time when petitioner was entitled to Fifth               
          Amendment protection and that after the judgment in the criminal            
          proceeding was entered on August 14, 1996, respondent should have           
          renewed the requests for admission.                                         
               To date, petitioner has not responded to respondent's                  
          requests for admission.  Petitioner has had more than ample time            
          to respond thereto after the judgment in petitioner's criminal              
          proceeding was entered.  This Court issued a pretrial order dated           
          October 1, 1996, which notified petitioner that this case was               
          proceeding to trial.  When respondent filed the motion for                  
          partial summary judgment on December 30, 1996, more than 30 days            
          had passed since judgment was rendered in petitioner's criminal             
          proceeding and since our pretrial order was issued on October 1,            
          1996.  Further, petitioner cites no authority for his assertion             
          that respondent was required to renew the requests for admission            
          after judgment was entered in petitioner's criminal proceeding.             
          We conclude that respondent's requests for admission were                   
          properly deemed admitted under Rule 90(c).                                  
               The evidence establishes that for 1976 petitioner received             
          unreported income of at least $1,968,364, that petitioner is not            
          entitled to losses of $9,269,756 relating to the S-J                        
          partnerships, and that petitioner is liable for the fraud                   
          addition to tax as determined by respondent.  We also conclude              
          that no material factual matter remains in dispute that would               





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