John J. Petito - Page 1

















                                 T.C. Memo. 2000-363                                  


                               UNITED STATES TAX COURT                                

                           JOHN J. PETITO, Petitioner v.                              
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

          Docket No. 3277-00.                 Filed November 29, 2000.                

          John J. Petito, pro se.                                                     
          Melinda G. Williams and Ronald Buch, for respondent.                        

                                 MEMORANDUM OPINION                                   

          PANUTHOS, Chief Special Trial Judge:  This case is before                   
          the Court on petitioner's Motion to Reconsider Denial of Motion             
          to Dismiss.  As explained in detail below, we shall deny                    
          petitioner’s motion to reconsider.1                                         



          1  Section references are to the Internal Revenue Code in                   
          effect during the years in issue.  Rule references are to the Tax           
          Court Rules of Practice and Procedure.                                      




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