Jesus V. Cutillar and Nora Cutillar - Page 4

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          on July 6, 1995, for the second notice of deficiency.  Neither              
          date was a Saturday, Sunday, or legal holiday in the District of            
          Columbia.  Id.  On July 17, 1995, the Court received and filed              
          the petition.  The envelope in which such petition was mailed               
          bore a legible United States postmark date of July 13, 1995, 119            
          days after the mailing of the first notice of deficiency and 97             
          days after the mailing of the second notice of deficiency.  Sec.            
          7502(a)(1).  Our jurisdiction, therefore, depends on whether                
          petitioners were entitled to file their petition within 150 days            
          after the notices of deficiency were mailed.  Petitioners bear              
          the burden of demonstrating that they come within the scope of              
          the provision allowing 150 days for the mailing of the petition             
          where the notice is addressed to a person outside of the country.           
          Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).                  
               Petitioners were in the United States from March 16, 1995,             
          through June 17, 1995.  On June 17, 1995, petitioners traveled to           
          the Philippines.  Petitioners returned to the United States on              
          July 3, 1995.                                                               
               This Court has determined that the 150-day period applies              
          not only to persons who are outside of the United States “on some           
          settled business and residential basis” but also to persons who             
          are temporarily absent from the country.  Levy v. Commissioner,             
          76 T.C. 228, 231 (1981); Estate of Krueger v. Commissioner, 33              
          T.C. 667, 668 (1960).  However, the taxpayer’s absence must                 
          result in delayed receipt of the deficiency notice.  Lewy v.                




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