- 9 - argues that petitioner did not understand the contents of the notice of deficiency and, in the alternative, that respondent failed to enclose a petition with the notice sent to petitioners. We note at the outset that the basis for operation of the 90- or 150-day filing period set forth in section 6213(a) is not dependent upon a taxpayer's understanding of the notice of deficiency or upon the taxpayer's understanding of section 6213(a). Even if such were the case, petitioner contacted his tax adviser immediately upon receipt of the notice of deficiency and then left the country. Thus, while petitioner may not have understood the entire contents of the notice of deficiency, he clearly understood enough to immediately contact his tax adviser. Petitioners failed to explain why there was no further communication with the tax adviser with respect to this matter during petitioner's absence from the United States. Further, petitioners presented no evidence as to the role of petitioner Diana Roberts, who remained in the United States during this time. Petitioner did indicate that he communicated with his office as well as with his wife periodically. Yet, there appears to be a total absence of communication with respect to the need to file a petition in response to the July 31, 1997, notice of deficiency. Such neglect by petitioners and their tax adviser is not a basis to invoke the 150-day rule. Petitioners' alternative argument must also fail. There is nothing in the statute or case law which would suggest that thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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