- 9 - 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 concludedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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