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As a result, the following items are deemed admitted as
material facts:3
(1) Petitioners did not receive $191,636 in Schedule F
income for tax year 1994;
(2) petitioners did not receive $87,486 in Schedule F
income for tax year 1995;
(3) petitioners did not incur $165,625 in Schedule F
depreciation expenses for tax year 1994;
(4) petitioners did not incur $46,395 in Schedule F
depreciation expenses for tax year 1995;
(5) petitioners did not incur $5,541 in Schedule F interest
expenses in 1994;
(6) petitioners did not incur $153,308 in Schedule F
Sharecrop Board expenses for tax year 1994;
(7) petitioners did not incur $87,486 in Schedule F
Sharecrop Board expenses for tax year 1995;
(8) petitioners did not incur $51,162 in Schedule F
3 Petitioners’ counsel, Mr. Morford, made an oral motion to
modify the deemed admissions under Rule 90(f). The Court denied
the motion upon a showing by respondent that the request for
admissions was properly served at Mr. Morford’s business address
and that the merits of the trial would not be subserved by
modification of the deemed admissions. Respondent’s oral motion
that the admissions resulting from petitioners’ failure to
respond to the request for admissions, dated Feb. 24, 2003, be
made absolute was granted orally and by written order, and those
admissions are deemed admitted.
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