- 11 - file Federal income tax returns, and that petitioner failed to pay estimated taxes. Petitioner has offered no credible facts that contradict the deemed admissions. Petitioner's argument that he may ignore respondent's discovery requests where respondent bears the burden of proof on an issue lacks merit. Under Rule 70(b), nonprivileged information should be provided in discovery if the information is reasonably calculated to lead to discovery of admissible evidence. Who bears the burden of proof on an issue has no effect on the obligation to comply with appropriate discovery requests. Rule 70(b); Piscatelli v. Commissioner, 64 T.C. 424, 426 (1975). For the reasons stated above, we conclude that factual allegations and admissions that were deemed admitted under Rules 37(c) and 90(c) establish that petitioner received unreported income during the years in issue, and we have found that petitioner is liable for deficiencies and additions to tax as determined by respondent. Accordingly, we conclude that no factual matter remains in dispute, and we grant respondent's motion for summary judgment as a matter of law. An appropriate order and decision for respondent will be entered.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011