Arlene Nussdorf, et al. - Page 15




                                       - 15 -                                         
          Trading.8                                                                   
               In petitioners’ respective motions, petitioners ask the                
          Court to dismiss these cases for lack of jurisdiction as to all             
          the determinations in the respective notices of deficiency for              
          the taxable years 1999 and 2000 that respondent issued to them              
          except the determination set forth in paragraph 8 of those                  
          notices.9  That paragraph stated:10                                         
               It is further determined, in the alternative, that the                 
               loss claimed on your 1999 and 2000 federal income tax                  
               return should be decreased by the amount of $11,687,810                
               and $15,495,756 to reflect the fact that the amount                    
               invested in the option transaction purportedly generat-                
               ing the losses claimed represents a single, unitary                    
               investment of $26,700,190 in a single option position                  
               rather than a net investment in the same amount in                     
               offsetting option positions.                                           
               In support of petitioners’ position in petitioners’ respec-            
          tive motions that the Court has jurisdiction over the above-                
          quoted determination, petitioners argue:11                                  


               8With respect to the affected items, respondent points out             
          that the partnership proceeding for the taxable years 1999 and              
          2000 with respect to Evergreen Trading is currently pending in              
          the United States Court of Federal Claims.                                  
               9With the exception of the determination set forth in para-            
          graph 8 of the respective notices of deficiency in question,                
          petitioners agree with respondent that the determinations in                
          those notices constitute partnership items, as defined in sec.              
          6231(a)(3), or affected items, as defined in sec. 6231(a)(5),               
          relating to Evergreen Trading.                                              
               10See supra note 5.                                                    
               11For convenience, we quote from petitioner’s motion in the            
          case at docket No. 24289-05.  That motion is virtually the same             
                                                             (continued...)           





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