Robert T. Lundy - Page 2

                                         -2-                                          
          section 7443A(b)(4) and Rules 180, 181, and 183.2  The Court                
          agrees with and adopts the opinion of the Special Trial Judge,              
          which is set forth below.                                                   
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
          PANUTHOS, Chief Special Trial Judge:  This matter is before                 
          the Court on respondent's Motion to Dismiss for Lack of                     
          Jurisdiction.  The issue for decision is whether petitioner filed           
          his petition for redetermination with the Court within the 90-day           
          period prescribed in section 6213(a).                                       
          Background                                                                  
               The material facts in this case are not in dispute.                    
          On Friday, March 29, 1996, respondent mailed a notice of                    
          deficiency to petitioner determining deficiencies in his Federal            
          income taxes in the amounts of $13,349, $21,445, $18,646, and               
          $19,165 for the taxable years 1991, 1992, 1993, and 1994,                   
          respectively.  The date that the notice of deficiency was mailed            
          to petitioner is evidenced by the postmark on the postal receipt            
          for certified mail (U.S. Postal Service Form 3877) that                     
          respondent obtained at the time the notice of deficiency was                
          mailed.  Petitioner received the notice of deficiency on                    
          Saturday, March 30, 1996, as reflected on the domestic return               
          receipt (U.S. Postal Service Form 3811) signed by petitioner at             

          2  All section references are to the Internal Revenue Code                  
          in effect for the years in issue, unless otherwise indicated.               
          All Rule references are to the Tax Court Rules of Practice and              
          Procedure.                                                                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011