- 5 - 403 (9th Cir. 1985), affg. an order of this Court; Columbia Building, Ltd. v. Commissioner, 98 T.C. 607, 611 (1992). Thus, this Court does not lose jurisdiction of the instant case whether or not petitioners are correct in their contentions that (1) the notice of deficiency's major adjustment is incorrect, and (2) the statute of limitations bars assessment of a deficiency. We have not found, sua sponte, any other basis for questioning this Court's jurisdiction in the instant case. See Normac, Inc. & Normac International v. Commissioner, 90 T.C. at 146. As a result, we shall deny petitioners' motion to dismiss for lack of jurisdiction. 2. Summary Judgment It is evident that the notice of deficiency (June 5, 1998) was issued more than 3 years after petitioners filed their tax return, March 27, 1993. Section 6501(a) prohibits assessment of a deficiency under these circumstances, unless there is an exception to the general period of limitations. Respondent's only response to petitioners' statute of limitations contentions is to rely on a chain of Forms 872. See sec. 6501(c)(4). Because (1) the parties have "locked horns" on the statute of limitations issue in the course of dealing with petitioners' motion and (2) resolution of this issue in petitioners' favor would avoid the necessity of considering the instant case on thePage: Previous 1 2 3 4 5 6 7 Next
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