- 7 - party, the opposing party may not rest upon mere allegations or denials contained in that party’s pleadings but must, by affidavits or otherwise, set forth specific facts showing that there is a genuine issue for trial. Rule 121(d). Furthermore, it is well established in this Court that summary judgment is appropriate where facts deemed admitted pursuant to Rule 90, for failure properly to respond to requests for admission, support a finding that there is no genuine issue of material fact. Morrison v. Commissioner, 81 T.C. 644, 651 (1983); Shepherd v. Commissioner, T.C. Memo. 1997-555; Parker v. Commissioner, T.C. Memo. 1989-196. We are satisfied that the foregoing situation exists here and, for the reasons detailed below, will grant respondent’s motion for summary judgment. II. Validity of the Deficiency Notice As a threshold matter, we briefly address a procedural contention raised in petitioners’ opposition. Petitioners argue that the notice of deficiency issued in this case is legally defective and fatally flawed. In support of this position, petitioners rely principally on Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855 (1983). Although their argument is less than entirely clear from their submissions, petitioners apparently are of the opinion that the circumstances of this case show a failure by respondent to examine the returns and thereby determine a deficiency as required by Scar v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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