Manley Mullings and Melvina Barnes-Mullings - Page 2

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          the Tax Court Rules of Practice and Procedure.  The Court agrees            
          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 petitioners' motion to vacate order of dismissal.  A hearing             
          has been held on petitioners' motion.                                       
               Petitioners resided at 1500 Putnam Avenue, Brooklyn, New               
          York 11237, when their petition was filed.  Such address was                
          petitioners' last known address at all times relevant to this               
          case.                                                                       
               On April 17, 1989, respondent mailed a notice of deficiency            
          for taxable year 1985 by certified mail to petitioners at their             
          last known address.  Petitioners received that notice without               
          delay.                                                                      
               On May 24, 1995, petitioners filed a petition with this                
          Court pertaining to taxable years 1985 and 1986.  Petitioners               
          filed an amended petition pertaining to those same years on June            
          12, 1995.1                                                                  
               Respondent filed a motion to dismiss for lack of                       
          jurisdiction on July 17, 1995, and petitioners filed an objection           
          thereto one week later.  In her motion, respondent moved for                
          dismissal with respect to 1985 on the ground that the petition              

          1    The amended petition was filed in response to this Court's             
          order for proper petition and filing fee.                                   




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