Charles T. and Joan B. Phillips - Page 14

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               "Once respondent places the deficiency notice within the               
          taxpayer's grasp [in ample time to file a petition with the Tax             
          Court, respondent] * * * satisfies the requirement of section               
          6212; if the taxpayer turns a blind eye to that information, she            
          does so at her own peril."  Patmon & Young Professional Corp. v.            
          Commissioner, supra.                                                        
               The evidence in this case shows that the U.S. Postal Service           
          attempted delivery of both notices of deficiency and that peti-             
          tioners had adequate notice and time to obtain the notices of               
          deficiency from the local Post Office.  There is no indication in           
          the record that anything was amiss in the normal handling of the            
          mail in question.                                                           
               We find that petitioners in the case herein received actual            
          notice of the deficiency with ample time remaining to file a                
          petition.  Petitioners have failed to produce any evidence, other           
          than self-serving testimony, to explain their failure to claim              
          the notices of deficiency and to file a petition in a timely                
          manner.  Thus, we hold that the notices of deficiency are valid.            
          Therefore, since the petition in this case was not timely, we               
          shall grant the Commissioner's motion to dismiss for lack of                
          jurisdiction.                                                               
                                                  An appropriate order of             
                                             dismissal for lack of                    
                                        jusisdiction will be entered                  
                                             be issued.                               




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