Joseph L. Guillo, Sr. - Page 9

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               Also for the years in issue, petitioner did not pay any                
          estimated taxes, and petitioner did not qualify under section               
          6654(e) for an exception to the statute requiring payment of                
          estimated taxes.                                                            
               Summary judgment or partial summary judgment may be granted            
          if pleadings, answers to interrogatories, admissions, and other             
          acceptable material show that no genuine issue as to any material           
          fact exists and that a decision may be entered as a matter of               
          law.  Rule 121(b).  This Court has held in numerous cases that              
          deemed admissions alone may support summary adjudication in favor           
          of respondent in cases involving unreported income.  Frazier v.             
          Commissioner, 91 T.C. 1, 12-13 (1988); Marshall v. Commissioner,            
          85 T.C. 267 (1985); Doncaster v. Commissioner, 77 T.C. 334, 337-            
          338 (1981).                                                                 
               Where a motion for summary judgment is made and supported as           
          provided under Rule 121, the opposing party may not rest upon               
          mere allegations or denials in pleadings, but the opposing party            
          must set forth specific facts showing that there exists a genuine           
          issue for trial.  Rule 121(d).                                              
               Where affirmative allegations and requests for admission are           
          deemed admitted under Rules 37(c) and 90(c), facts underlying the           
          deemed admissions are conclusively established unless the Court             
          on motion permits withdrawal or modification of the admissions.             

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