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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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