- 2 - This case is before the Court on respondent's Motion to Dismiss for Lack of Jurisdiction, filed pursuant to Rule 53. The issue that we must decide is whether petitioners filed their petition with the Court within the time period prescribed by section 6213(a). Background At the time that the petition was filed with the Court, petitioners' mailing address was 1596 Shallowwell Road, Manakin Sabot, Virginia 23103-2312 (the Manakin Sabot address). On January 16, 1996, respondent mailed a notice of deficiency to petitioners. In the notice, respondent determined a deficiency in petitioners' Federal income tax for the taxable year 1993 in the amount of $11,622, as well as an accuracy- related penalty under section 6662(a) in the amount of $2,324. The notice of deficiency was mailed to petitioners by registered mail at the Manakin Sasbot address. On May 1, 1996, a petition was filed with this Court seeking a redetermination of a portion of the deficiency determined by respondent for the taxable year 1993.2 The petition was executed by Arlene Berliner (Ms. Berliner), an individual associated with 2 The petition disputes only $9,526 of the $11,622 deficiency determined by respondent. Further, the petition does not contest or otherwise place in dispute any portion of the accuracy-related penalty. See Rule 34(b)(4) ("Any issue not raised in the assignment of errors shall be deemed to be conceded.").Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011