- 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