- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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