- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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