- 2 - agrees with and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE PANUTHOS, Chief Special Trial Judge: This matter is before the Court on respondent's Motion to Dismiss for Lack of Jurisdiction filed December 9, 1996, and supplemented on April 14, 1997. Although respondent contends that this case must be dismissed on the ground that petitioner failed to file his petition within the time prescribed in section 6213(a), petitioner argues that respondent failed to mail the notice of deficiency to his last known address. Although it is evident that we lack jurisdiction over the petition filed herein, we must decide the proper ground for dismissal. Background On February 16, 1993, respondent mailed a notice of deficiency to petitioner determining a deficiency of $7,166 in his Federal income tax for 1990, and additions to tax in the amounts of $1,619.25 and $421.06 pursuant to sections 6651(a) and 6654, respectively.2 The notice of deficiency was mailed to 1(...continued) All Rule references are to the Tax Court Rules of Practice and Procedure. 2 There is a discrepancy in the record concerning the exact mailing date of the notice of deficiency for 1990. Although the notice of deficiency is dated Feb. 16, 1993, respondent submitted a U.S. Postal Service Form 3877 which indicates that the notice of deficiency was mailed on Feb. 11, 1993. Considering all of (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
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