Brandt N. Castleton - Page 9

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          parties, among other things, to exchange documents and other data           
          that the parties intended to use at trial, to stipulate facts to            
          the maximum extent possible, and to prepare a pretrial memorandum           
          and submit it to the Court and the opposing party not less than             
          14 days before the first day of the trial session.  Petitioner              
          failed to comply with the Standing Pretrial Order.                          
               On December 5, 2003, respondent served requests for                    
          admission on petitioner by certified mail.  See Rule 90.  The               
          return receipt indicated a new address for petitioner.                      
          Petitioner had failed to notify respondent and the Court of the             
          new address.  After learning of the new address, respondent                 
          promptly sent a copy of the requests for admission to that                  
          address by certified mail.  Petitioner’s current wife, Julie Rae            
          Castleton, signed both the first and second certified mail                  
          receipts, and petitioner admits that he received the requests for           
          admission.                                                                  
               Petitioner never responded to the requests for admission,              
          and, consequently, the matters contained therein were deemed                
          admitted.  Rule 90(c); see Freedson v. Commissioner, 65 T.C. 333,           
          334 (1975), affd. 565 F.2d 954 (5th Cir. 1978).  Respondent                 
          relied on the deemed admissions in preparing this case for trial.           
          At trial, petitioner made an oral motion to be relieved of the              
          deemed admissions.  We reserved ruling on petitioner’s motion.              







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