Estate of John T. Sobota, Deceased, T.J. Sobota, Personal Representative - Page 10

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          cited by respondent, is similarly distinguishable.4  Such being             
          the case, we have no reason to revisit the arguments advanced in            
          these cases nor to await the action by the Supreme Court in                 
          Estate of Hubert.                                                           
               Since petitioner has not disputed any other adjustments set            
          forth in the notice of deficiency,                                          
                                                  Decision will be entered            
                                             for respondent.                          























          4  We note that in Estate of Hubert v. Commissioner, 101 T.C. 314           
          (1993), affd. 63 F.3d 1083 (11th Cir. 1995), cert. granted 517              
          U.S.    , 116 S. Ct. 1564 (1996), we refused to accept the                  
          position of the Court of Appeals for the Sixth Circuit in Estate            
          of Street, and the Court of Appeals affirmed our action.                    





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