Tim R. Casanova and San Juanita Villareal - Page 6




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          This matter was called for hearing at the Court's motions                   
          session in Washington, D.C., on October 14, 1998.  Counsel for              
          respondent appeared at the hearing and provided the Court with a            
          copy of Postal Service Form 3849 demonstrating that the notice of           
          deficiency for 1994, 1995, and 1996 was delivered on February 20,           
          1998.4  There was no appearance at the hearing by or on behalf of           
          petitioners.  During the hearing, the Court made the following              
          exhibits part of the record in this case:  (1) The envelope that            
          petitioners mailed to the Court on February 20, 1998, bearing               
          registered mail No. R773-219-004; (2) the deputy clerk's                    
          February 26, 1998, letter to petitioners; and (3) the Court's               
          retained copy of Postal Service Form 1000.                                  
          By Order dated October 14, 1998, petitioners were given the                 
          opportunity to file a second supplemental objection to                      
          respondent's motion.  On November 13, 1998, petitioners filed a             
          second supplemental objection to respondent's motion in which               
          they denied receiving the deputy clerk's February 26, 1998,                 
          letter and suggested that the Court had mistakenly filed the                
          contents of the envelope that they mailed to the Court on                   
          February 20, 1998, under docket No. 1418-98S.                               
               This matter was called for further hearing at the Court's              
          motions session in Washington, D.C., on November 25, 1998.                  
          Counsel for respondent appeared at the hearing and presented                


               4 Postal Service Form 3849 indicates that the notice of                
          deficiency was received by a Linda Perez, whom we understand to             
          be petitioners' employee.                                                   

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