Fred Henry - Page 2

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          104(a)(2).1  Because petitioner's motion does not provide a basis           
          for the disposition of all of the issues in dispute in this case,           
          petitioner's motion is correctly characterized as a Motion for              
          Partial Summary Judgment and will be referred to as such herein.            
          As explained in greater detail below, we shall deny                         
          petitioner's Motion for Partial Summary Judgment on the ground              
          that the issue raised by the motion is not ripe for summary                 
          adjudication.                                                               
          Background2                                                                 
               During the period 1987 through 1991, petitioner and his then           
          wife were in the business of growing orchids for sale, operating            
          under the name Fred Henry's Paradise of Orchids.  Between 1987              
          and 1991, petitioner applied a product known as Benlate to his              
          orchids for the intended purpose of preventing and controlling              
          disease.  Benlate is manufactured by Dupont and marketed by                 
          Universal Enterprises Supply Corp. (Universal).  After petitioner           
          applied Benlate to his orchids, the orchids gradually showed                
          signs of severe damage including interference with normal growth            
          patterns, "chloretic" color, root loss, defoliation, and death of           
          plants.  As a result of the losses that he suffered from using              


          1  Section references are to the Internal Revenue Code, as                  
          amended.  Rule references are to the Tax Court Rules of Practice            
          and Procedure, unless otherwise indicated.                                  
          2  The following is a summary of the relevant facts that do                 
          not appear to be in dispute; they are stated solely for the                 
          purpose of deciding the pending motion, and they are not findings           
          of fact for this case.  See Rule 1(a); Fed. R. Civ. P. 52(a).               



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