Michael T. Carey and Leone R. Carey - Page 7

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          Petitioners did not appear at the calendar call or otherwise                
          communicate with the Court.                                                 
                                     Discussion                                       
          A.   Summary Judgment                                                       
               We may grant summary judgment if the pleadings, answers to             
          interrogatories, depositions, admissions, affidavits, and any               
          other acceptable materials show that there is no genuine issue of           
          material fact and a decision may be rendered as a matter of law.            
          Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520             
          (1992), affd. 17 F.3d 965 (7th Cir. 1994); Zaentz v.                        
          Commissioner, 90 T.C. 753, 754 (1988).  The moving party bears              
          the burden of proving that there is no genuine issue of material            
          fact.  Dahlstrom v. Commissioner, 85 T.C. 812, 821 (1985);                  
          Jacklin v. Commissioner, 79 T.C. 340, 344 (1982).  Matters deemed           
          admitted under Rule 90(c) are conclusively established and may be           
          considered in deciding whether to grant a motion for summary                
          judgment.  Marshall v. Commissioner, 85 T.C. 267, 272-273 (1985);           
          Morrison v. Commissioner, 81 T.C. 644, 651-652 (1983); Doncaster            
          v. Commissioner, 77 T.C. 334, 336 (1981).                                   
               We have examined the entire record and construed facts most            
          favorably for petitioners.  We conclude that there is no dispute            
          as to any material fact and that respondent is entitled to                  
          summary judgment.  Rule 121(b).                                             








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