Thomas R. Camerato - Page 2




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          section 6404(i)1 and Rule 281 with this Court, and respondent               
          timely filed an answer to the amended petition.  Petitioner was a           
          resident of California at the times he filed his petition and               
          amended petition.                                                           
               The case is before us on respondent’s motion for summary               
          judgment, as supplemented.  We conclude, on the undisputed facts            
          before us, that petitioner is not entitled to abatement of                  
          interest.2  We therefore grant respondent’s motion for summary              
          judgment.                                                                   
                                     Background                                       
               The following facts have been admitted or established by               
          uncontroverted documentary evidence.                                        
               In 1993, petitioner moved from California to Pittsburgh,               
          Pennsylvania, to attend the Carnegie-Mellon graduate school of              
          business.  He used his Pittsburgh residence address on his 1993             
          Federal income tax return.                                                  





               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code as in effect for the tax years for which              
          petitioner claims abatement of interest, and Rule references are            
          to the Tax Court Rules of Practice and Procedure.                           
               2 Petitioner argues in his opposition to respondent’s motion           
          for summary judgment that he is also entitled to an abatement of            
          interest for tax year 1997.  Petitioner did not request in his              
          petition or amended petition an abatement of interest with                  
          respect to 1997.  Moreover, respondent’s determination denying              
          abatement relates only to tax years 1992 and 1993.  Therefore,              
          any issue relating to tax year 1997 is not properly before us.              




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