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deficiency that is the subject of such petition." Technical and
Miscellaneous Revenue Act of 1988, Pub. L. 100-647, sec. 6243(a),
102 Stat. 3749; Kamholz v. Commissioner, 94 T.C. 11, 15 (1990).
Consistent with the Court's statutorily prescribed jurisdiction
in this area, resolution of petitioners' Motion to Restrain
Assessment or Collection depends upon whether respondent has
assessed deficiencies that are the subject of petitioner's timely
filed petition for redetermination. Powerstein v. Commissioner,
supra at 471-472, and cases cited therein.
Based upon our review of the record presented, we are
satisfied that respondent has not assessed, and is not attempting
to collect, the deficiencies that are in dispute in this case.
Further, respondent has not issued a notice of deficiency to
petitioner for either 1994 or 1995. Under the circumstances, we
will therefore deny petitioner's Motion to Restrain Assessment or
Collection.
We begin our analysis with the events that transpired upon
the filing of petitioner's income tax return for 1993 and
petitioner's amended returns for 1990 and 1991. As previously
stated, petitioner simultaneously filed its income tax return for
1993 and its amended returns for 1990 and 1991 on September 14,
1994, nearly 1 month after respondent had issued a notice of
deficiency to petitioner for 1990 and 1991. Respondent did not
accept petitioner's amended returns for 1990 or 1991 or recognize
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