New York Football Giants, Inc. - Page 6

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          involving petitioner’s 1996 and 1997 tax years.2  The issues and            
          facts relating to the merits of the built-in gains tax issue for            
          tax years 1996 and 1997 are the same for tax year 1998.                     
               It is typically preferable to try all issues raised in a               
          case in one proceeding to avoid piecemeal and protracted                    
          litigation.  Markwardt v. Commissioner, 64 T.C. 989, 998 (1975);            
          Haft Trust v. Commissioner, 62 T.C. 145, 147 (1974), affd. on               
          this issue 510 F.2d 43, 45 n.1 (1st Cir. 1975).  We believe that,           
          because the issues and facts for tax years 1996 and 1997 are the            
          same for tax year 1998, and because all 3 years are currently               
          docketed in this Court, consolidation of petitioner’s three cases           
          for trial on the built-in gains tax issue may make it easier to             
          resolve these cases expeditiously and preserve all issues for               
          appeal.  An interlocutory appeal of the built-in gains                      
          jurisdictional and TEFRA issues may delay the trial of the issues           
          in this case, and would not expedite or advance it, because an              
          immediate appeal will not dispose of the factually distinct                 
          built-in gains tax issue present in all 3 years (and all three              
          docketed cases).  Gen. Signal Corp. v. Commissioner, supra at               
          253-254; see Estate of Egger v. Commissioner, 92 T.C. 1079, 1082            

               2  Petitioner filed an election in docket No. 10391-01 to              
          convert its S corporation items for tax years 1996 and 1997 to              
          non-S corporation items.  Respondent subsequently issued a notice           
          of deficiency to petitioner for tax years 1996 and 1997.  The               
          petition in docket No. 15105-02 is based on that notice of                  

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