Jessie J. Chambers - Page 2

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            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...)                




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