Brandt N. Castleton - Page 10

                                       - 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          Court, on motion, may permit an admission to be withdrawn or                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          withdrawn by the parties’ agreement to settle the dependency                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.                                     




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