- 5 - Commissioner, 68 T.C. 779, 783 (1977). In Malekzad v. Commissioner, 76 T.C. 963, 969-970 (1981), we explained that in determining whether the 150-day period is applicable, we look at both the date of mailing of the notice of deficiency as well as the date on which the notice was received by the taxpayer. The crucial inquiry is whether the taxpayer falls within the class of persons that Congress intended to receive the benefit of the longer period and whether the notice of deficiency served the notice function that it was designed to serve. Id. at 970. The congressional purpose behind the enactment of the 150-day rule was the prevention of hardships caused by delays in the receipt of a notice of deficiency due to the taxpayer’s absence from the United States and the relatively slow international mails. Looper v. Commissioner, 73 T.C. 690, 694 (1980). Application of the approach utilized in Malekzad v. Commissioner, supra, to the facts in the instant case clearly reveals that petitioners were not entitled to the 150-day period for filing their petition. Petitioners were in the United States on the dates that the notices of deficiency were mailed as well as on the dates that they were received. Indeed, petitioners did not travel to the Philippines until 93 days after the first notice of deficiency was mailed and 71 days after the second notice of deficiency was mailed. Thus, petitioners’ absence from the country in no way resulted in a delay in the receipt of either notice. Lewy v. Commissioner, supra.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011