Theodore Halper, Incompetent, Valerie Halper and Wayne Halper, Co-Plenary Guardians - Page 13

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          material fact and that petitioner is entitled to partial summary            
          judgment as a matter of law.  The chain of consents to extend the           
          statutory period of limitations was broken.  Thus, we hold that             
          the period of limitations for 1985 and 1986 expired, at the                 
          latest, on December 31, 1992 (the date of extension on the Form             
          872 signed in 1991).  Since the notice of deficiency was mailed             
          to petitioners on September 19, 1994, the statutory period of               
          limitations has expired for each of the tax years 1985 and 1986,            
          unless the underpayment of tax was due to fraud.                            
               To reflect the foregoing,                                              

                                             An order granting petitioner's           
                                        motion for partial summary judgment           
                                        will be issued.                               

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