John B. Markham - Page 2

          and adopts the opinion of the Special Trial Judge, which is set             
          forth below.                                                                
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
          ARMEN, Special Trial Judge:  This matter is before the Court                
          on respondent's Motion to Dismiss for Lack of Jurisdiction, filed           
          December 23, 1996.                                                          
          Background                                                                  
               Respondent mailed duplicate original notices of deficiency             
          (the notice of deficiency) to petitioner on July 26, 1996.  In              
          the notice of deficiency, respondent determined that petitioner             
          is liable for additions to tax for the taxable years and in the             
          amounts as follows:                                                         
                             Additions to Tax                                        
          Penalty                                                                     
                    Year      Sec. 6653(b)  Sec. 6651(f)  Sec. 6663                   
                    1988       $4,472.25         --           --                      
          1989           --        $10,953.75       --                                
          1990           --         15,451.50       --                                
          1991           --         11,513.25       --                                
               1992           --          6,417.00       --                           
          1993           --            --         $828.75                             
          1994           --            --        2,616.00                             
          Respondent mailed the notice of deficiency to petitioner at two             
          different addresses:  (1) RD1, Box 254, Chenango Forks, New York            
          13746 (the Chenango Forks address), and (2) #06471052, P.O. Box             
          2000, Unit 1, Lewisburg Camp, Lewisburg, Pennsylvania 17837 (the            
          Lewisburg address).  Respondent did not mail a copy of the notice           
          of deficiency to any authorized representative.                             
               The notice of deficiency that was mailed to the Chenango               
          Forks address is undated.  The record does not reveal whether the           




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