Polly Paul McMahon - Page 2

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          agrees with and adopts the opinion of the Chief Special Trial               
          Judge, which is set forth below.                                            
                      OPINION OF THE CHIEF SPECIAL TRIAL JUDGE                        
          PANUTHOS, Chief Special Trial Judge:  This matter is before                 
          the Court on the parties' cross-motions to dismiss for lack of              
          jurisdiction.  Respondent contends that this case should be                 
          dismissed on the ground that the petition was not filed within              
          the 90-day period prescribed in section 6213(a), while petitioner           
          contends that dismissal should be based on respondent's failure             
          to issue a valid notice of deficiency as required under section             
          6212.  There being no dispute that we lack jurisdiction over the            
          petition filed herein, we must resolve the parties' dispute                 
          respecting the proper ground for dismissal.                                 
          Background                                                                  
               On or about December 23, 1992, petitioner filed a joint                
          Federal income tax return with her husband, Terry McMahon, for              
          the taxable year 1990, listing her address as 2162 Ingleside                
          Avenue, Macon, Georgia 31204 (the 2162 Ingleside Avenue address).           
          Petitioner did not file tax returns for the taxable years 1991,             
          1992, or 1993.  In April 1996, petitioner filed joint Federal               
          income tax returns with Terry McMahon for the taxable years 1994            
          and 1995, listing her address as 2128 S. Freya, Spokane,                    
          Washington.                                                                 







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