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respectively.
Respondent also determined in the notice to disallow the
deductions petitioner claimed in its 1990 return of $9,610 and
$25,000, respectively, for “outside services” and contributions
to petitioner’s pension and/or profit sharing plan.
Discussion
The Court may grant summary judgment where 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).
All of the facts on which respondent relies in respondent’s
motion have been deemed admitted. Those facts include the
material facts on which we may proceed to resolve the issues in
respondent’s motion, including the issue relating to the fraud
penalties under section 6663(a), see, e.g., Doncaster v. Commis-
sioner, 77 T.C. 334, 337 (1981). We conclude that there are no
genuine issues of material fact regarding the issues raised in
respondent’s motion.
With respect to respondent’s determinations that petitioner
has a deficiency in tax for each of the years at issue, on the
4(...continued)
notice petitioner understated its gross receipts for 1991 is
wrong due to mathematical errors by respondent, including respon-
dent’s mathematical error noted above. The correct amount by
which petitioner understated its gross receipts for 1991 is
$209,252. Respondent’s mathematical errors in the notice shall
be corrected in the parties’ computations under Rule 155.
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Last modified: May 25, 2011