Robert and Diana Roberts - Page 2

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          agrees with and adopts the opinion of the Special Trial Judge,              
          which is set forth below.                                                   


                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               PANUTHOS, Chief Special Trial Judge:  This matter is before            
          the Court on respondent's motion to dismiss for lack of                     
          jurisdiction.  The issue for decision is whether petitioners are            
          entitled to the 150-day period for filing a petition with this              
          Court as provided in section 6213(a).                                       
          Background                                                                  
               The material facts in this case are not in dispute.  On July           
          31, 1997, respondent mailed a notice of deficiency to petitioners           
          regarding their 1991, 1992, and 1993 Federal income tax returns.            
          Duplicate notices of deficiency were mailed to petitioners' home            
          address at 14615 Wood Road, Riverside, California, and petitioner           
          Robert Roberts' (hereinafter petitioner) business address at                
          18856 Van Buren Boulevard, Riverside, California.2  Petitioner              
          received one of the duplicate notices of deficiency at his                  
          business on August 2, 1997.  The record does not reflect whether            
          the notice of deficiency mailed to petitioners' residence was               
          received by them, nor is there any indication that said notice              
          was returned to respondent undelivered.                                     


               2                                                                      
                    The jointly filed Federal income tax returns in issue             
          reflected petitioner Robert Roberts' business address (18856 Van            
          Buren Boulevard).                                                           




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