Blair R. Laing & Donna R. Laing - Page 9

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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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