Barry and Debra Bulakites - Page 9

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          petition for redetermination.  See Mulvania v. Commissioner, 81             
          T.C. 65, 67-69 (1983) (erroneously addressed notice held valid              
          in light of actual receipt by the taxpayer 16 days after it was             
          mailed); see also Patmon & Young Professional Corp. v.                      
          Commissioner, 55 F.3d 216, 217 (6th Cir. 1995), affg. T.C. Memo.            
          1993-143.                                                                   
               The notice of deficiency was mailed to petitioners on                  
          September 16, 1997.  The record, as developed at the hearing,               
          shows that petitioners actually received the notice of                      
          deficiency no later than the latter part of October 1997.                   
          Consequently, petitioners had no less than 45 days in which to              
          file a timely petition for redetermination with the Court.  The             
          Court has held that receipt of a notice of deficiency with as               
          few as 30 days remaining in the 90-day filing period was not                
          prejudicial to the taxpayer.  See Bowers v. Commissioner, T.C.              
          Memo. 1991-609 (69 days remaining); Fileff v. Commissioner, T.C.            
          Memo. 1990-452 (60 days remaining); George v. Commissioner, T.C.            
          Memo. 1990-147 (52 days remaining); Manos v. Commissioner, T.C.             
          Memo. 1989-442 (at least 38 days remaining); Loftin v.                      
          Commissioner, T.C. Memo. 1986-322 (30 days remaining).  But see             
          Sicker v. Commissioner, 815 F.2d 1400, 1401 (11th Cir. 1987)                
          (receipt of notice with 8 days remaining in the filing period is            
          not ample time in which to prepare a petition); Looper v.                   
          Commissioner, 73 T.C. 690, 699 (1980) (receipt of notice with 17            





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