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            referred to in Rule 121(b), include those deemed admitted under                            
            Rule 90(c).  See, e.g., Marshall v. Commissioner, 85 T.C. 267,                             
            272 (1985).  Respondent can rely on a deemed admission of                                  
            negligence to show that there is no genuine issue as to any                                
            material fact and that the taxpayer was negligent as a matter of                           
            law.  See, e.g., Battikhi v. Commissioner, T.C. Memo. 1998-208;                            
            McIlvane v. Commissioner, T.C. Memo. 1994-104.  We have here,                              
            however, more than conclusory deemed admissions of negligence.                             
            By the deemed admissions, petitioners are also deemed to admit                             
            numerous additional facts that, when taken together, establish                             
            that each failed to exercise the due care of a reasonable and                              
            ordinarily prudent person under like circumstances.  For example,                          
            each petitioner is deemed to admit that the Trusts are shams,                              
            created primarily for income tax purposes.  Petitioners assigned                           
            no error to respondent’s determination of a penalty or set forth                           
            any facts contradicting respondent’s grounds.  We are satisfied                            
            that all of the underpayments of tax here in question are                                  
            attributable to negligence, and so find.                                                   
                  Moreover, by the deemed admissions, petitioners are deemed                           
            to admit to copies of their 1995 income tax returns.  We have                              
            examined those copies and, based on the deficiencies in tax                                
            determined by respondent, which we will sustain, we find that all                          
            of the underpayments of tax here in question are attributable to                           
            substantial understatements of tax.                                                        
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