Robert and Diana Roberts - Page 10

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          Commissioner is required to send a taxpayer a petition or form to           
          file with this Court.  The notice of deficiency clearly sets out            
          the address of the Court and the fact that a petition form and              
          instructions could be obtained by writing to the Court.  Despite            
          receipt of the notice of deficiency 2 days after it was sent,               
          neither petitioners nor their adviser apparently took such                  
          action.                                                                     
               Because the petition was not filed within 90 days of the               
          date of the mailing of the notice of deficiency, we will grant              
          respondent's motion to dismiss for lack of jurisdiction.                    
          Petitioners, however, are not without a judicial remedy.                    
          Petitioners may pay the tax, file a claim for refund with the               
          Internal Revenue Service, and if the refund claim is denied, sue            
          for a refund in the appropriate Federal District Court or the               
          United States Court of Federal Claims.                                      
               To reflect the foregoing,                                              
                                                  An appropriate order of             
                                             dismissal will be entered.               
















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