Walter J. Hoyt, IV and Cynthia M. Witt-Hoyt - Page 6

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          although he did not actually observe the document being inserted            
          into an envelope.                                                           
               Petitioner recalls receiving a document by certified mail              
          from respondent in October 1996, but, according to his testimony,           
          after                                                                       

               [going] back through all the different things I signed                 
               for that fall from the IRS * * * I've decided that the                 
               thing that was in that envelope that day was another                   
               copy of that examination report.                                       

               We weigh the evidence that indicates a notice of deficiency            
          was issued and properly mailed to petitioners on October 2, 1996,           
          against petitioner's testimony that he "decided" it was some                
          other document.  On balance, we are not persuaded by petitioner's           
          vague recollection and testimony on the point.  We find that a              
          notice of deficiency for the year 1992 was issued and sent to               
          petitioners by certified mail on October 2, 1996.  Under the                
          circumstances, the statutory period for filing a petition with              
          this Court in response to that notice of deficiency expired on              
          December 31, 1996.  Sec. 6213(a).  The petition in this case was            
          filed on June 27, 1997, which is well beyond the period                     
          prescribed for doing so.  Consequently, we have no jurisdiction             
          in this case, and respondent's motion to dismiss for lack of                
          jurisdiction on that ground will be granted.  Rule 13(a), (c);              
          Monge v. Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. v.               
          Commissioner, 90 T.C. 142, 147 (1988).                                      




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