David J. and Patricia A. Fogderud - Page 5




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          1997 through March 1998."  No such documents were submitted and              
          petitioners' statement again is contrary to the stipulated facts.            
               In their Second Supplemental Objection, petitioners refer to            
          a doctor's statement as proof that they "WERE out of the United              
          States during the period in question."  The doctor's statement               
          shows that both petitioners were in Mexico from February 4, 1998             
          until February 25, 1998.  That both petitioners were in Mexico               
          during the February period is consistent with the stipulated                 
          facts.                                                                       
               Petitioners stipulated that they were in the United States              
          on December 2, 1997, the date the notices of deficiency were                 
          mailed, and on December 5, 1997, the date the notices of                     
          deficiency ordinarily would have been delivered.  Petitioners                
          never argued that they did not receive the notices of deficiency             
          on or about that date.  We are persuaded that petitioners                    
          received the notices of deficiency on or about December 5, 1997.             
               Petitioners were in the United States from at least December            
          2, 1997 to February 3, 1998.  Petitioners were out of the country            
          from February 4, 1998 to February 25, 1998.                                  
               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                  




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