- 17 -
In sum, we hold that the Forms 872 that Hibiscus executed
were effective to extend the period of limitations on behalf of
petitioner. Consequently, we will grant respondent's Motion for
Partial Summary Judgment and deny petitioner's Cross-Motion for
Summary Judgment filed in docket No. 14781-96.
2. Petitioner's Motion To Dismiss for Lack of Jurisdiction
Filed in Docket No. 5898-97
The remaining question to be decided is whether the December
30, 1996, notice of deficiency that is the basis for the petition
assigned docket No. 5898-97 is an invalid second notice of
deficiency under section 6212(c). Resolution of this issue turns
largely upon the question of the validity of the April 11, 1996,
notice of deficiency that is the subject of the petition assigned
docket No. 14781-96. As previously mentioned, respondent issued
the notice of deficiency dated December 30, 1996, out of concern
that the Court might find the April 11, 1996, notice of
deficiency to be invalid based upon statements contained in INI,
Inc. v. Commissioner, T.C. Memo. 1995-112, affd. without
published opinion 107 F.3d 27 (11th Cir. 1997), to which we now
turn.
In INI, Inc. v. Commissioner, supra, the Commissioner
adopted inconsistent alternative positions by issuing one notice
of deficiency to the common parent of a consolidated group of
corporations and a second notice of deficiency to a subsidiary
corporation based on separate filing status. Separate petitions
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