- 10 - OPINION A. Petitioner’s Motion for Relief From Deemed Admissions Generally, a fact that is deemed admitted is conclusively established. Rule 90(f); see also Sarchapone v. Commissioner, T.C. Memo. 1983-446. Rule 90(f) provides, however, that the Court, on motion, may permit an admission to be withdrawn or modified if (1) the withdrawal or modification would subserve the presentation of the merits of the case, and (2) if the party obtaining the admission (the respondent in this case) fails to satisfy the Court that the withdrawal or modification will prejudice him in prosecuting his case or defense on the merits. As we are satisfied that the withdrawal of the deemed admissions would not subserve the merits of the case and would prejudice respondent, we shall deny petitioner's motion for relief from the deemed admissions.7 A party will be prejudiced by the withdrawal of admissions if he has relied on them and if he will suffer delay and added expense and will be required to expend additional effort because of the withdrawal. Morrison v. Commissioner, 81 T.C. 644, 649 (1983). Respondent relied in good faith on the binding effect of 7Several of the deemed admissions were incorporated into the stipulation of facts. Moreover, certain of the deemed admissions relating to the dependency exemption issue were effectively withdrawn by the parties’ agreement to settle the dependency exemption issue. The deemed admissions covered by petitioner’s motion are those relating to the charitable contribution deduction and unreported income issues.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011