Thomas Gerald Roots and Linda Vesta Roots - Page 5




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          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 the            





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