David E. and Jean H. Kohn - Page 10




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          See id.  No party, including petitioners, contested entry of the            
          decision in the underlying partnership proceeding, nor did any              
          party appeal the decision.  The Hamilton decision cannot be                 
          vacated in the context of this action.                                      
               Lastly, this Court has recently considered facts and issues            
          substantially identical to those that petitioner has raised.  See           
          Davenport Recycling Associates v. Commissioner, T.C. Memo. 1998-            
          347, pending on appeal before the Court of Appeals for the                  
          Seventh Circuit.  In Davenport Recycling, we denied a motion to             
          vacate the final decision in a partnership proceeding in which              
          Sam Winer was petitioner.                                                   
               Consistent with the preceding discussion, we hold that our             
          jurisdiction in this case is limited to redetermining                       
          petitioners' liability for the additions to tax set forth in the            
          affected items notice of deficiency and that we lack jurisdiction           
          to consider petitioners' liability for the deficiencies that were           
          assessed by computational adjustment, petitioners' liability for            
          interest computed at the increased rate prescribed by section               
          6621(c), and petitioners' claims that the underlying partnership            
          proceeding is invalid.  For the foregoing reasons, respondent's             
          motion to dismiss for lack of jurisdiction and to strike the                
          claims relating to the deficiency attributable to partnership               
          items is granted.                                                           







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