Benness M. Richards and Jane Richards - Page 21

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          negotiations, or whether he attempted to resolve with Mr. McWade            
          the discrepancy between the $67,972.50 of Kersting interest                 
          deductions disallowed by the notice of deficiency and the lower             
          amount of $38,523 alleged by the petition as having been claimed            
          on the return, petitioners did agree to a deficiency                        
          substantially less than that determined by respondent.                      
               In sum, the stipulated decision that Mr. DeCastro executed             
          on petitioners' behalf is now final, and petitioners have failed            
          to persuade us that the notice of deficiency issued to them is              
          invalid.  It follows that we lack jurisdiction to vacate the                
          decision in this case.                                                      
          To reflect the foregoing,                                                   
          An order will be issued                                                     
          denying petitioners' Motion for                                             
                                        Leave to File Motion to Vacate                
                                        Decision.                                     


















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