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accuracy-related penalty determined by respondent in the notice of
deficiency, and because there is no justiciable issue before us, we
shall dismiss petitioner's case for failure to state a claim on
which relief can be granted.
To reflect the foregoing,
An order denying respondent's
motion will be issued; an order of
dismissal and decision in favor of
respondent will be entered.
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Last modified: May 25, 2011