Randal W. Howard - Page 13

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          timely filed with respect to the notice of deficiency for 1993,6            
          we will grant respondent's motion to dismiss for lack of                    
          jurisdiction and to strike as to the petition and amended                   
          petition only insofar as respondent moves to dismiss and to                 
          strike as to the taxable years 1989, 1990, and 1991.                        
          To reflect the foregoing,                                                   
          An order granting respondent's                                              
                                   motion to dismiss for lack of                      
                                   jurisdiction and to strike will be                 
                                   issued insofar as respondent moves to              
                                   dismiss and to strike as to the                    
                                   taxable years 1989, 1990, and 1991.                



















          6  Also there is no question that the amended petition was                  
          timely as to the 1994 and 1995 tax years.                                   




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