Neal A. Sanders, d.b.a. Law Offices of Neal A. Sanders - Page 2

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          after the notice of deficiency was issued, and to strike all                
          references thereto from the amended petition.  Petitioner requests          
          the Court to dismiss respondent's claim for 1992 income tax                 
          deficiencies and for section 4975 excise tax deficiencies for years         
          before 1993 on the grounds that petitioner did not receive notices          
          of deficiency with respect to the determined deficiencies for these         
          taxes until after the limitations period.1  In this respect,                
          petitioner avers that the two notices of deficiency (one relating           
          to excise tax deficiencies pursuant to section 4975 for 1992-95 and         
          the other relating to income tax deficiencies for 1992 and 1993)            
          were not mailed to him at his correct address.  To resolve these            
          competing procedural disputes, we must determine whether respondent         
          mailed the notices of deficiency to petitioner at petitioner's last         
          known address.                                                              
               All section references are to the Internal Revenue Code as in          
          effect for the years in issue, and all Rule references are to the           
          Tax Court Rules of Practice and Procedure.                                  
          Background                                                                  
               Respondent issued three notices of deficiency, each dated              
          October 11, 1996.  The first notice determined Federal excise tax           
          deficiencies pursuant to section 4971 and additions to tax pursuant         


               1    In response to petitioner's motion, respondent filed a            
          supplement to respondent's original motion requesting the Court             
          to extend the scope of respondent's motion to dismiss to include            
          the sec. 4975 excise taxes for years 1992-95.                               




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