Gregory Keith Wade - Page 4

                                        - 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 to              




Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011