James S. Zigmont - Page 3

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          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.                      




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