Leonard A. Gross - Page 6

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          deficiency for 1991.  Because respondent was not prohibited from            
          issuing the notice of deficiency in this case and petitioner                
          timely petitioned for a redetermination, we have jurisdiction to            
          consider and resolve the parties' controversy for all years,                
          including 1991.4                                                            
               To reflect the foregoing,                                              
                                             An order will be issued                  
                                        granting respondent's motion for              
                                        partial summary judgment.                     



















               4 In the consolidated case filed in response to the February           
          notice, respondent moved to amend the answer to allege that the             
          1991 excise tax be considered along with the 1991 income tax                
          deficiency in that case.  Respondent, it appears, moved to                  
          include the excise tax in the consolidated case if the partial              
          summary judgment motion was unsuccessful.  Due to the granting of           
          respondent's partial summary judgment motion, respondent's motion           
          to amend the answer in the consolidated case will be denied.                




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