New York Football Giants, Inc. - Page 3

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          representations of law, and respondent’s interpretations of the             
          TEFRA statute were statements of law.                                       
               Petitioner asks us to certify for immediate appeal the                 
          following questions for tax years 1996 and 1997:  (1) Whether the           
          built-in gains tax is a subchapter S item with respect to an S              
          corporation; (2) whether assessments against an S corporation may           
          be determined in a TEFRA proceeding; (3) whether a TMP has                  
          standing to sue the Commissioner on behalf of an S corporation;             
          (4) whether respondent is estopped to deny that the built-in                
          gains tax is not a subchapter S item with respect to petitioner             
          as an S corporation; and (5) whether petitioner raised issues (3)           
          and (4) in a proper and timely manner.                                      
               Only exceptional circumstances justify a departure from the            
          policy of postponing appellate review until after entry of final            
          judgment.  Coopers & Lybrand v. Livesay, 437 U.S. 463, 475                  
          (1978); Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 25 (2d            
          Cir. 1990); Gen. Signal Corp. v. Commissioner, 104 T.C. 248, 251            
          (1995), affd. 142 F.3d 546 (2d Cir. 1998).  Section 7482(a)(2)              
          was not intended to provide early review of adverse rulings.                
          Gen. Signal Corp. v. Commissioner, supra at 253-254.  We certify            
          an interlocutory order for an immediate appeal only if:  (1) A              
          controlling question of law is present; (2) substantial grounds             
          for difference of opinion are present; and (3) an immediate                 

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