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September 23, 1997, a date well after the expiration of the
critical 90-day period. Accordingly, we lack jurisdiction over
the taxable year 1995.
In view of the foregoing, we will not grant petitioners'
Motion for Leave to Amend Petition because such action "would
involve conferring jurisdiction on the Court over a matter which
otherwise would not come within its jurisdiction under the
petition as then on file." Rule 41(a).
Petitioners seek to overcome the foregoing analysis by
arguing that the adjustments giving rise to the deficiency for
1995 fall in the same categories as those giving rise to the
deficiencies for 1993 and 1994. Essentially the same argument
was addressed, and rejected, in Franks v. Commissioner, supra.
In Franks v. Commissioner, supra, the Commissioner issued
two notices of deficiency, one for the taxable year 1980 and the
other for the taxable year 1981. Both notices made adjustments
primarily related to the same investments of the taxpayer.
Thereafter, the taxpayer filed a petition that referenced only
the taxable year 1981; further, the taxpayer only attached as an
exhibit to his petition a copy of the notice for 1981. In
contrast, the taxpayer did not mention the taxable year 1980 in
his petition, nor did the taxpayer attach a copy of the notice
for 1980. Subsequently, the taxpayer moved to amend his petition
to include the taxable year 1980. The Court ultimately concluded
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