Raymond E. Roth - Page 6

                                        - 6 -                                         

          his income tax liabilities for those years in the amounts of                
          $21,344, $11,934, $11,597, and $14,183, respectively.                       
               Petitioner failed to produce any records or other                      
          information with respect to these sales of advertising, to                  
          respondent in connection with the examination of his tax returns            
          for 1990 and 1991, and in connection with the examination of                
          petitioner’s 1989, 1992, 1993, and 1994 income tax liabilities.             
          Discussion                                                                  
               (1) Judgment on the pleadings                                          
               A motion for judgment on the pleadings will be granted only            
          if the pleadings do not raise a genuine issue as to a material              
          fact and the moving party is entitled to a judgment as a matter             
          of law.  DuPont v. Commissioner, 74 T.C. 498, 504 (1980); Anthony           
          v. Commissioner, 66 T.C. 367, 368, (1976), affd. without                    
          published opinion 566 F.2d 1168 (3d Cir. 1977).                             
               (2) Genuine issue as to material fact                                  
               In the instant case, there are no genuine issues as to the             
          material facts found supra, under Background--Facts, these                  
          matters having been deemed admitted by order of the Court.                  
               Petitioner is deemed to have admitted that he understated              
          his tax liabilities by specified amounts for each of the 6 years            
          in issue.  This “bottom line” admission eliminates any need to              
          consider matters which might otherwise affect tax liability, such           
          as deductions, credits, or tax filing status.                               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011