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d. Petitioner received rents from the real estate
managed by Charles Dunn Company for 1989 through 1993
in the respective amounts of $75,000.00, $75,000.00,
$81,115.89, $75,891.62 and $77,910.94.
e. Petitioner received rents from the real estate
in amounts greater than determined in the notices of
deficiency issued to the petitioner, in the respective
amounts of $34,800.00, $34,800.00, $40,915.89,
$35,691.62 and $37,710.94.
f. Because of concessions by respondent with
regard to the capital gains income received by
petitioner in the years in question, the increased
income will not result in deficiencies greater than the
amounts determined by respondent in the notices of
deficiency.
Petitioner failed to file a reply to respondent's Amendment
to Answer.
On December 13, 1999, respondent filed a motion pursuant to
Rule 37(c) requesting that all undenied allegations set forth in
respondent's Amendment to Answer be deemed admitted. Although
petitioner was notified of respondent's motion, petitioner failed
to file either a response to the motion or a reply to
respondent's Amendment to Answer. On January 10, 2000, the Court
granted respondent's Rule 37(c) motion.
On February 1, 2000, Mr. Peabody filed a motion to withdraw
from the case, citing petitioner's failure to communicate with
him. The Court granted Mr. Peabody's motion on March 3, 2000.
Prior thereto, on February 24, 2000, Douglas D. Potratz filed an
entry of appearance on behalf of petitioner. Mr. Potratz is
petitioner’s current counsel.
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