Patricia R. Carpentier - Page 6

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          notices of deficiency, petitioner did not realize capital gains             
          during the taxable years 1989, 1990, 1992, and 1993.  Respondent            
          conceded that petitioner either incurred capital losses or had no           
          capital gains during those years.                                           
               Petitioner failed to file a response to respondent's Second            
          Request for Admissions.  As a consequence, the matters quoted               
          above were deemed admitted pursuant to Rule 90(c).  See                     
          Marshall v. Commissioner, 85 T.C. 267, 272 (1985); Freedson v.              
          Commissioner, 65 T.C. 333 (1975), affd. 565 F.2d 954 (5th Cir.              
               On August 31, 1999, respondent filed a Motion for Leave to             
          File an Amendment to Answer and lodged an Amendment to Answer               
          with the Court.  On October 1, 1999, the Court granted                      
          respondent's Motion for Leave and filed respondent's Amendment to           
          Answer.  The Amendment to Answer included affirmative allegations           
          that petitioner had received income in the form of ground rents             
          during the years in issue as follows:                                       
                    a.  During each of the years 1989 through 1993,                   
               petitioner owned an interest in certain real estate                    
               that was managed in her behalf by Charles Dunn Company.                
                    b.  Petitioner was entitled to receive ground                     
               rents from tenants leasing the real estate during each                 
               of the years 1989 through 1993.                                        
                    c.  Charles Dunn Company collected the ground                     
               rents from the tenants.  After subtracting amounts paid                
               for the maintenance of the property and its management                 
               fee, Charles Dunn Company paid net amounts to                          
               petitioner in each of the years 1989 through 1993.                     

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