- 4 - to section 6662(a). On January 31, 1997, the envelope bearing the notice of deficiency was returned to respondent undelivered and marked "UNCLAIMED". Petitioners filed a joint petition for redetermination with the Court on December 1, 1997. The petition was delivered to the Court in an envelope bearing a U.S. Postal Service postmark date of November 26, 1997. At the time the petition was filed, petitioners resided at the Southgate address. As indicated, respondent filed a Motion to Dismiss for Lack of Jurisdiction asserting that the petition was not timely filed. Petitioners filed an objection to respondent's motion asserting that the notice of deficiency was not mailed to their last known address which petitioners identify as the Southgate address. Respondent filed a response to petitioners' objection asserting: (1) Petitioners' September 27, 1996 letter to the Fresno Service Center requesting a copy of their 1993 tax return did not constitute clear and concise notice of petitioners' change of address; and (2) a review of respondent's computer records revealed that petitioners' address did not change between 1988 and 1997. This matter was called for hearing at the Court's motions session in Washington, D.C. Counsel for respondent appeared at the hearing and presented argument in support of the pending motion. No appearance was entered by or on behalf ofPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011