Blair R. Laing & Donna R. Laing - Page 10

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            that jurisdiction was lacking as to the taxable year 1980 and                             
            dismissed the case as to that year because the petition failed to                         
            place that year in issue and the taxpayer's motion for leave to                           
            amend the petition was filed more than 90 days after the notice                           
            of deficiency for 1980 was issued.                                                        
                 Petitioners further contend that equitable considerations                            
            support the granting of their motion.  However, because equitable                         
            considerations do not afford any basis for us to assume                                   
            jurisdiction over a taxable year in the absence of a timely filed                         
            petition as to that year, we are constrained to deny petitioners'                         
            motion.  Sec. 7442; Hesse v. Commissioner, T.C. Memo. 1997-333,                           
            and cases cited therein at note 6.                                                        
            Conclusion                                                                                
                 We lack jurisdiction over the taxable year 1995.                                     
            Accordingly, petitioners' Motion for Leave to Amend Petition, As                          
            Supplemented, will be denied.5                                                            
                 To give effect to the foregoing,                                                     







            5  We note that although petitioners cannot pursue a case in                              
            this Court as to the taxable year 1995, petitioners are not                               
            without a judicial remedy.  Thus, petitioners may pay the tax,                            
            file a claim for refund with the Internal Revenue Service, and,                           
            if the claim is denied, sue for a refund in the appropriate                               
            Federal District Court or the United States Court of Federal                              
            Claims.  McCormick v. Commissioner, 55 T.C. 138, 142 (1970).                              



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