Walter J. Hoyt, III and Betty J. Hoyt - Page 10

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          in this case, and respondent's motion to dismiss for lack of                
          jurisdiction on that ground will be granted.  Rule 13(a), (c);              
          Monge v. Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. v.               
          Commissioner, 90 T.C. 142, 147 (1988).                                      
               It follows that petitioners' motion to restrain assessment             
          and collection, filed June 16, 1997, and petitioners' motion for            
          leave to file an amended petition, filed August 22, 1997, must be           
          denied, as moot.                                                            
               In order to reflect the foregoing,                                     

                                                       An appropriate order           
                                                  and order of dismissal              
                                                 for lack of jurisdiction            
                                                  will be entered.                    























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