- 7 - argument in support of respondent's motion to dismiss. There was no appearance at the hearing by or on behalf of petitioners. During the hearing, the Court made a number of exhibits part of the record in this case--exhibits pertaining to the nature and timing of significant developments in docket No. 1418-98S. By Order dated December 1, 1998, the Court served petitioners with the transcript of the November 25, 1998, hearing and the exhibits that were made a part of the record at that time. In addition, petitioners were provided with the opportunity to file a response with the Court. On December 23, 1998, petitioners filed a response with the Court in which they state that they recently discovered, contrary to prior statements, that they did receive the deputy clerk's February 26, 1998, letter. Petitioners' response includes an explanation regarding the initials "MLP" appearing on petitioners' copy of Postal Service Form 1000. Petitioners' response states in pertinent part as follows: Reason for MLP on document. Postal Service Worker stated that #13 on PS Form 1000 was not [to] be filled out by Petitioner but only by the respondent. Mistake was made by [petitioners'] employee, Maria Linda Perez. Postal Employee Arnold Padron told Ms. Perez to scratch off the mistake and put her initials by it so that the court would not assume that the post office tampered with the document. Discussion This Court's jurisdiction to redetermine a deficiency depends upon the issuance of a valid notice of deficiency and a timely filed petition. Rule 13(a), (c); Monge v. Commissioner,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011