Dover Corporation and Subsidiaries - Page 16

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          transaction is to be given its tax effect in accord with what               
          actually occurred and not in accord with what might have                    
          occurred."  Don E. Williams Co. v. Commissioner, 429 U.S. 569,              
          579 (1977) (quoting Commissioner v. National Alfalfa Dehydrating            
          & Milling Co., 417 U.S. 134, 148-149 (1974)).  Accordingly, we              
          decline to consider what might have been if petitioner had filed            
          such an application.                                                        
               We have considered petitioner's remaining contentions and              
          find them unpersuasive.                                                     
               In conclusion, respondent has not assessed and is not                  
          attempting to collect any deficiency at issue in the present                
          case.  Consequently, we will deny petitioner's Motion to Restrain           
          Assessment or Collection.                                                   
               To reflect the foregoing,                                              


                                             An order denying petitioner's            
                                        Motion to Restrain Assessment                 
                                        or Collection will be entered.                















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