- 14 - 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 wouldPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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