David E. and Jean H. Kohn - Page 4




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          final on May 24, 1994.  See sec. 7481.  On June 18, 1997,                   
          petitioner filed a notice of election to participate in the                 
          Hamilton partnership proceedings.  On the same day, he filed a              
          motion for special leave to file a motion to reconsider or vacate           
          the Hamilton decision.                                                      
               Upon completion of the partnership proceedings, respondent             
          made computational adjustments to petitioners' 1979 through 1985            
          tax liability.  See secs. 6225, 6230(a)(1), 6231(a)(6).  On                 
          January 10, 1995, respondent issued separate statutory notices of           
          deficiency to petitioners that determined additions to tax for              
          the years 1979 through 1982 attributable to petitioner's                    
          partnership interest in Hamilton.  The additions to tax are for             
          overvaluation under section 6659 and negligence under section               
          6653(a)(1) and (2).                                                         
               In their petition and motion to restrain assessment and                
          collection, petitioners not only contest the additions to tax,              
          but also contest the deficiencies that were assessed by                     
          computational adjustment and the section 6621(c) interest.                  
          Petitioners' claims are based upon the following assertions:                
          (1) Winer did not have authority to represent Hamilton; (2) the             
          extensions signed by Winer are invalid; (3) the petition filed by           
          Winer is invalid; (4) the period of limitations expired prior to            
          the mailing of the FPAA; (5) petitioners were denied due process            
          because of respondent's and Winer's actions during the TEFRA                





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