- 5 - In response to the petition, respondent filed a Motion to Dismiss for Lack of Jurisdiction on the ground that the petition was not filed within the 90-day filing period prescribed in section 6213(a) or section 7502. On August 7, 1998, petitioners filed an objection to respondent's motion to dismiss repeating the allegations contained in the petition. On August 31, 1998, petitioners filed a supplemental objection, again repeating the allegations contained in the petition. By Order dated September 14, 1998, respondent's motion to dismiss was calendared for hearing at the Court's motions session in Washington, D.C., on October 14, 1998. By Order dated September 25, 1998, the parties were directed to provide the Court with evidence of the date of receipt by petitioners of the notice of deficiency for 1994, 1995, and 1996. On October 5, 1998, petitioners filed a response to the Court's Order dated September 25, 1998. Petitioners' response was not responsive to the Court's order. Nonetheless, petitioners' response did include a number of attachments, including a copy of Postal Service Form 1000 that includes markings different from the copy of Postal Service Form 1000 retained in the Court's correspondence folder. In particular, on the copy of the Postal Service Form 1000 submitted by petitioners, the "Yes" box that the Court checked under entry No. 13a is obliterated and the "No" box is checked. The initials MLP appear next to entry No. 13a.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011