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been defined as the failure to exercise the due care of a
reasonable and ordinarily prudent person under like
circumstances. See Neely v. Commissioner, 85 T.C. 934, 947
(1985). A substantial understatement exists for any taxable year
if the amount of the understatement for the taxable year exceeds
the greater of 10 percent of the tax required to be shown on the
return for the year or $5,000. See sec. 6662(d)(1)(A).
3. Summary Judgment
A summary judgment is appropriate "if the pleadings, answers
to interrogatories, depositions, admissions, and any other
acceptable materials, together with the affidavits, if any, show
that there is no genuine issue as to any material fact and that a
decision may be rendered as a matter of law." Rule 121(b). "A
partial summary adjudication may be made which does not dispose
of all the issues in the case." Id. The party moving for
summary judgment has the burden of showing the absence of a
genuine issue as to any material fact. See, e.g., Espinoza v.
Commissioner, 78 T.C. 412, 416 (1982).
B. Discussion
As noted in our background discussion, petitioners are
deemed to have admitted certain facts. The deemed admissions
were made pursuant to Rule 90(c). By the deemed admissions, the
petitioners have each admitted negligence in the preparation and
filing of his (their) income tax return for 1995. The admissions
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