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Clare J. Brooks, for respondent.
OPINION
LARO, Judge: Respondent moves the Court to dismiss this
case for lack of jurisdiction, alleging that petitioner's
petition for declaratory judgment was not filed within the time
prescribed in section 7476. Petitioner objects thereto.
Petitioner alleges that the petition was timely, and, even if it
was not, that respondent has waived the right to challenge the
timeliness of the petition, or, alternatively, that the Court
should extend the period of time in which the petition had to be
filed. Petitioner alleges that equitable considerations support
its position.
We shall grant respondent's motion. Section references are
to the applicable provisions of the Internal Revenue Code.
Rule references are to the Tax Court Rules of Practice and
Procedure.
Background
Petitioner maintains a profit sharing plan named the Calvert
Anesthesia Associates-Pricha Phattiyakul, M.D. P.A. Profit
Sharing Plan (the Plan). On June 13, 1997, respondent issued
petitioner by certified mail a final revocation letter stating
that the Plan did not meet the requirements of section 401(a) for
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