Shirley S. Hirsh - Page 2

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              At the trial session, respondent's counsel orally moved the            
          Court to dismiss this case for lack of prosecution and find                 
          petitioner liable for the deficiencies and additions to tax as              
          determined in the notice of deficiency.  Respondent also sought             
          to have a penalty awarded to the United States pursuant to                  
          section 6673(a)1 on the ground that petitioner's position in                
          instituting this proceeding is frivolous or groundless.                     

          Motion To Withdraw                                                          
               We first consider petitioner's motion to withdraw her                  
          petition in this case.  It is well settled that the filing of a             
          timely petition in response to a timely notice of deficiency                
          invests this Court with jurisdiction to finally resolve the                 
          parties’ controversy.  Estate of Ming v. Commissioner, 62 T.C.              
          519, 521 (1974).  Additionally, under section 7459(d), if we                
          dismiss a case for any reason other than lack of jurisdiction,              
          this Court may enter an order finding the deficiency to be the              
          amount determined in the notice of deficiency or in some other              
          appropriate amount.  Sec. 7459; see also Rule 123(d).                       
          Consequently, Ms. Hirsh’s petition may not be withdrawn without             
          prejudice.  Graham v. Commissioner, 76 T.C. 853, 858 (1981);                



               1 All section references are to the Internal Revenue Code in           
          effect for the taxable years at issue, and Rule references are to           
          this Court's Rules of Practice and Procedure.                               




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