Jesus V. Cutillar and Nora Cutillar - Page 5

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          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.                                




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