Robert J. Hoaglund - Page 8

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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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