Nelson I. and Esther S. Goodman - Page 4

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          litigated, it could not be the subject of the hearing.  He also             
          informed them that because a “collection information statement”             
          and proposal to pay the tax were not presented, there were no               
          collection alternatives available.                                          
          Petition                                                                    
               A letter with an attached document titled “NOTICE OF                   
          PETITION” was received by the Court on November 15, 2004,                   
          regarding the notice of determination received by petitioners.              
          The letter was signed by Mr. Tropper, who was still not admitted            
          to practice before the Tax Court.  Petitioners subsequently filed           
          pro sese an amended petition in which they asserted that the                
          issue is “whether a proper deduction was taken under section 1244           
          of the IRS Code for my taxable year 1995.”                                  
                                     Discussion                                       
               Respondent reasons that since the only issue that                      
          petitioners raise questions the existence and amount of the                 
          underlying tax liability, he is entitled to a ruling in his favor           
          as a matter of law.                                                         
               All of petitioners’ arguments are addressed to their                   
          deficiency proceeding or to the preceding or succeeding                     
          administrative events.                                                      
          Standard for Granting Summary Judgment                                      
               The standard for granting a motion for summary judgment                
          under Rule 121 is stated in the Rule as follows:                            






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