- 2 - with and adopts the opinion of the Special Trial Judge, which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE WOLFE, Special Trial Judge: This matter is before the Court on respondent's motion to dismiss for lack of jurisdiction. Respondent contends that this case should be dismissed on the ground that the petition was not filed within the 90-day period prescribed in section 6213(a). Petitioner objects to respondent's motion and contends that respondent failed to issue a valid notice of deficiency under section 6212. Petitioner argues that the notice in question was not mailed to his last known address. Respondent argues that the notice was properly mailed to petitioner's last known address and that, in any event, petitioner actually received the notice early enough so that he could have filed a petition within the time allowed by statute. An evidentiary hearing was held on respondent's motion. Petitioner resided at Larkspur, California, when his petition was filed. On March 24, 1995, the Office of the District Director, Internal Revenue Service (IRS), San Jose, California, sent to petitioner by certified mail a notice of deficiency addressed as follows: Nemat Mostaan 2407 Lascar Place San Jose, CA 95124 In the notice respondent determined the following deficiencies and additions to tax:Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011