- 11 - material fact and that a decision may be rendered as a matter of law." Rule 121(b); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v. Commissioner, 90 T.C. 753, 754 (1988); Naftel v. Commissioner, 85 T.C. 527, 529 (1985). Respondent's Third Request for Admissions covers all remaining substantive issues in the case that were not disposed of by the Court's prior opinion Anderson v. Commissioner, T.C. Memo. 1998-253. Petitioners filed no response thereto within the 30-day period required by Rule 90(c). Petitioners did not respond to the Court's subsequent orders to respond to respondent's motions, and the opportunities thereby afforded petitioners to move to vacate their deemed admissions if they had shown any desire to provide answers or otherwise dispute the conclusory facts embodied in respondent's Third Request for Admissions. Each matter set forth in respondent's Third Request for Admissions is deemed admitted. See Rule 90(c); Marshall v. Commissioner, 85 T.C. 267, 272 (1985). As a result, respondent has carried his burden of proving that there is no genuine issue of material fact that remains to be decided by the Court. See Marshall v. Commissioner, supra at 271; see also Fajardo v. Commissioner, T.C. Memo. 1999-308.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011