Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 8

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               On May 2, 1997, respondent issued additional affected items            
          deficiency notices to petitioners for 1989 and 1990, in which               
          deficiencies and accuracy-related penalties pursuant to section             
          6662(a) were determined.  On August 4, 1997, petitioners filed a            
          petition in docket No. 16483-97 regarding the May 2, 1997,                  
          notices, alleging that they are void as second notices pursuant             
          to section 6212(c).  Petitioners subsequently filed a motion to             
          dismiss for lack of jurisdiction, and respondent filed a notice             
          of no objection.  On November 28, 1997, the Court granted                   
          petitioners' motion to dismiss.                                             
               On July 2, 1997, respondent filed the answer herein,                   
          alleging that the penalties determined in the March 14, 1997,               
          notices are affected items, and that such notices are therefore             
          timely pursuant to section 6229(a) and (d).                                 
               Petitioners filed a motion for summary judgment herein on              
          August 18, 1997.  On September 3, 1997, petitioners filed a                 
          motion for leave to file an amendment to the petition.                      
          Respondent filed a notice of objection (notice) to petitioners'             
          motion for summary judgment on September 8, 1997.  On September             
          15, 1997, respondent filed a motion for leave to file an                    
          amendment to answer.  The foregoing motions and notice were each            
          accompanied by a supporting memorandum of points and authorities.           
                                     Discussion                                       
               We must first decide whether to grant petitioners' and                 
          respondent's respective motions to amend their pleadings.  We               




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