- 4 - This Court has determined that the 150-day period applies not only to persons who are outside of the United States "on some settled business and residential basis," but also to persons who are temporarily absent from the country. Levy v. Commissioner, 76 T.C. 228, 231 (1981). In addition, the taxpayer's absence from the country must result in delayed receipt of the deficiency notice. Lewy v. Commissioner, 68 T.C. 779, 783 (1977). In Levy v. Commissioner, supra, the taxpayers left their home in Chicago for a vacation in Jamaica on the same day that the notice of deficiency was mailed to them. The taxpayers returned to their home 5 days later, at which time they received the notice of deficiency. In holding that the 150-day period applied, this Court found that, "the full 90-day period for reviewing their position and determining their options was not available to the * * * [taxpayers], and it was this precise hardship which occasioned the drafters to allow 150 days for a response where the taxpayer is abroad." Id. at 231. The evidence in this case establishes that petitioner departed on Korean Airlines flight number 11, from Los Angeles, California, to Seoul, South Korea, on March 19, 1997, the day the notice of deficiency was issued. Prior to his departure from the United States, petitioner put his mail delivery on hold at his local post office. Petitioner arrived in the Philippines, his destination on this journey, on March 21, 1997. On April 3, 1997, petitioner left the Philippines and returned directly toPage: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011