- 9 - Petitioner argues that 69 days was not sufficient time to file a petition in this case because he was heavily involved in the posttrial and sentencing phase of his Federal money laundering conviction at the time the notice of deficiency was issued. In addition, petitioner contends that the deficiency was determined using information from the Federal money laundering case and it was necessary for him to review the large volume of evidence in the money laundering case to verify the accuracy of the statements in the petition before filing it. In this regard, petitioner argues that the delay in receiving the notice was prejudicial. Despite petitioner's explanations, we find that petitioner's own inaction was responsible for the late filing. The substantive issues in this case do not appear complex and involve petitioner's failure to report income from illegal activities. Petitioner completed the one-page petition over 2 weeks before he mailed it. The petition does not contain any factual allegations as to the correct amount of petitioner's taxable income for the years in issue. On the facts of this case, we find that petitioner received the notice of deficiency with sufficient time to file a petition. Petitioner's failure to file a timely petition was not the result of any possible error in the address to which the notice of deficiency was mailed. Accordingly, we find that the notice was valid and grant respondent's motion to dismiss for lack of jurisdiction. To reflect the foregoing,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011