- 4 - (8) fraudulently and with intent to evade tax understated their taxable income in the amounts of $54,565, $137,811, $96,049, $135,050, $284,935, $301,132, and $241,608 for the tax years 1987 through 1993, respectively; and (9) fraudulently understated and failed to pay their income tax liabilities in the amounts of $9,921, $36,492, $13,488, $28,619, $55,391, $40,029, and $87,539 for the tax years 1987 through 1993, respectively. Petitioners failed to file a reply to respondent's answer within the time permitted by Rule 37(a). Respondent moved, pursuant to Rule 37(c), for entry of an order that the undenied allegations in the answer be deemed admitted. The Court gave petitioners notice of respondent's motion and instructed petitioners to file a reply as required by Rule 37(a) and (b). The Court's notice was returned to the Court marked "Unclaimed". Petitioners did not respond to respondent's motion. Accordingly, the Court granted respondent's motion and deemed admitted the undenied affirmative allegations of fact set forth in respondent's answer. Respondent subsequently filed a Motion for Partial Summary Judgment. Respondent contends that the allegations in the answer that petitioners are deemed to have admitted provide a basis for entry of partial summary judgment sustaining respondent's determination that petitioners are liable for additions to tax for fraud for the years in issue.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011