- 3 - Respondent issued notices of deficiency on February 27 and March 3, 2004, for the 2000 and 2001 taxable years, respectively, determining the deficiencies and additions to tax set forth above. Petitioner filed an imperfect petition with the Tax Court on June 3, 2004. Thereafter, the case so instituted was dismissed twice for lack of jurisdiction on account of petitioner’s failure to comply with the Court’s order regarding the filing of a proper amended petition. Each time the dismissal was subsequently vacated after belated action on petitioner’s part. Petitioner eventually submitted an amended petition, which was filed on January 19, 2005.2 A notice setting the case for trial in October of 2005 and attaching the Court’s standing pretrial order was issued to petitioner on May 19, 2005. On August 11, 2005, respondent filed with the Court requests for admission, which requests had been served on petitioner the previous day. Petitioner failed to respond, and pursuant to Rule 90(c) each matter set forth in the requests for admission was deemed admitted 30 days after the date of service. As a result, the following items are deemed admitted as material facts: 2The petition and amended petition filed in this case each listed an address for petitioner in Rochester, New Hampshire. Shortly before the hearing on respondent’s motion, petitioner submitted documents to the Court which listed an address for petitioner of Clarksburg, West Virginia, and indicated that the New Hampshire address was that of petitioner’s nephew.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011