Estate of Doris L. Rickman, Deceased, Doris K. Rickman, Executrix - Page 11

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          petitioner's motion to dismiss for lack of jurisdiction, we shall           
          deny petitioner's Motion to Strike.                                         
          A second hearing was conducted in this case, again in                       
          Washington, D.C., on September 13, 1995.  Counsel for both                  
          parties appeared at the hearing and presented argument in respect           
          of petitioner's motion to dismiss.  During the course of the                
          hearing, petitioner's counsel raised an issue whether                       
          respondent's failure to comply with section 7517 provides an                
          alternative ground for holding the notice of deficiency invalid.7           
          Discussion                                                                  
          The issue to be decided is whether the notice of deficiency                 
          issued in this case is invalid on the ground that respondent                
          failed to make a determination within the meaning of section                
          6212(a).  As explained in greater detail below, we agree with               
          respondent that the notice of deficiency is valid.                          
          This Court's jurisdiction to redetermine a deficiency                       
          depends upon the issuance of a valid notice of deficiency and a             
          timely filed petition.  Rule 13(a), (c); Levitt v. Commissioner,            
          97 T.C. 437, 441 (1991); Monge v. Commissioner, 93 T.C. 22, 27              
          (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988).              


          7  At present, there are no fewer than eight motions pending                
          in this case.  Regrettably, and despite a legal file now                    
          comprised of four thick volumes, little or nothing has been done            
          in the way of preparing this case for trial.  At this particular            
          juncture in the proceedings, this case serves as an excellent               
          illustration of petty bickering and unnecessary quarrelsomeness.            




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