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ALEXANDER v. C.I.R.

No. 1040, Docket 90-4126.

926 F.2d 197 (1991)

Lee ALEXANDER, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 15, 1991.

Attorney(s) appearing for the Case

Harold J. Boreanaz, Buffalo, N.Y., for petitioner-appellant.

Shirley D. Peterson, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, D.C. (Gary R. Allen, Ann B. Durney, Nancy G. Morgan, Tax Div., U.S. Dept. of Justice, Washington, D.C.), for respondent-appellee.

Before PIERCE, WINTER and WALKER, Circuit Judges.

PER CURIAM:

Lee Alexander, who at all times pertinent to this appeal was incarcerated in a federal prison, appeals from the entry of summary judgment in favor of the Commissioner. On appeal, he argues that summary judgment was inappropriate because the Commissioner's requests for admissions should not have been deemed admitted for failure to respond. We disagree. Tax Court Rule 90(c) provides in pertinent part:

Each matter [contained in a request for admission...

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