- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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