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GHERMAN v. COMMISSIONER

Docket Nos. 13130-79, 13131-79, 8408-80, 8409-80, 16804-80.

41 T.C.M. 1546 (1981)

T.C. Memo. 1981-248

Henry Gherman and Joan Gherman, et al., Petitioners v. Commissioner.

United States Tax Court.

Filed May 20, 1981.

Attorney(s) appearing for the Case

Marvin C. Gutter and Martin J. Nash, for the petitioners in docket Nos. 13130-79 and 13131-79.

Richard B. Wallace, 25 West Flagler St., Miami, Fla., for the petitioners in docket Nos. 8408-80, 8409-80, and 16804-80. W. Robert Abramitis and Steve Lee Young, for the respondent.

Memorandum Opinion

SCOTT, Judge:

On February 27, 1981, petitioners filed three motions in the case of Henry Gherman and Joan Gherman, docket no. 13130-79, and three identical motions in the case of Financial and Investment Planning, Inc. (FIP), docket no. 13131-79. While one of each of these motions is captioned as a motion to dismiss for failure to state a claim for which relief can be granted, another of each of these motions is captioned as a motion for...

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