- 2 - This case is before the Court on petitioners' Motion for Leave to Amend Petition, as Supplemented, filed pursuant to Rule 41. Petitioners contend that justice requires that they be permitted to file an amended petition in order to place in issue an additional taxable year. Respondent contends that petitioners' motion seeks to confer jurisdiction over a taxable year which otherwise would not come within the Court's jurisdiction under the petition as on file and in respect of which the 90-day period for petitioning the Court expired before the motion was filed. Background At the time that the petition was filed with the Court, petitioners resided in Brownsburg, Indiana. On March 21, 1997, respondent mailed two separate joint notices of deficiency to petitioners. The first notice determined deficiencies in income taxes, together with accuracy- related penalties, for the taxable years 1993 and 1994. The second notice determined a deficiency in income tax, together with an accuracy-related penalty, for the taxable year 1995.2 (...continued) the Tax Court Rules of Practice and Procedure. 2 Both notices were mailed to petitioners at 1012 South Green Street, Brownsburg, Indiana 46112-1808. Petitioners do not dispute that this is their correct address.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011