-2- section 7443A(b)(4) and Rules 180, 181, and 183.2 The Court 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. The issue for decision is whether petitioner filed his petition for redetermination with the Court within the 90-day period prescribed in section 6213(a). Background The material facts in this case are not in dispute. On Friday, March 29, 1996, respondent mailed a notice of deficiency to petitioner determining deficiencies in his Federal income taxes in the amounts of $13,349, $21,445, $18,646, and $19,165 for the taxable years 1991, 1992, 1993, and 1994, respectively. The date that the notice of deficiency was mailed to petitioner is evidenced by the postmark on the postal receipt for certified mail (U.S. Postal Service Form 3877) that respondent obtained at the time the notice of deficiency was mailed. Petitioner received the notice of deficiency on Saturday, March 30, 1996, as reflected on the domestic return receipt (U.S. Postal Service Form 3811) signed by petitioner at 2 All section references are to the Internal Revenue Code in effect for the years in issue, unless otherwise indicated. All Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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