Bhupindar S. and Rajinder K. Dhillon - Page 2




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                    Held, further, since Ps did not file their petition               
               within the time prescribed by sec. 6213(a), I.R.C., R's                
               motion to dismiss for lack of jurisdiction is granted.                 


               Craig M. Hunt, for petitioners.                                        
               LaVonne D. Lawson, for respondent.                                     


                                 MEMORANDUM OPINION                                   
               NIMS, Judge: This matter is before the Court on respondent's           
          motion to dismiss for lack of jurisdiction on the ground that               
          petitioners did not file their petition within the time                     
          prescribed by section 6213(a).  In reply to respondent's motion             
          to dismiss, petitioners assert that the period for filing the               
          petition under section 6213(a) is inapplicable.  Instead,                   
          petitioners argue that their petition was timely filed pursuant             
          to section 6226(b)(1).  (Section references are to sections of              
          the Internal Revenue Code in effect for the years in issue.)                
                                     Background                                       
               The relevant facts are not in dispute and may be summarized            
          as follows.  Petitioners resided in San Jose, California, when              
          they filed their petition.                                                  
               Petitioners were general partners in a partnership named B&R           
          Dhillon Et Al Ptrs, d.b.a. Executive Inn (Executive Inn).                   
          Petitioners' Schedules K-1, Partner's Share of Income, Credits,             
          Deductions, Etc., attached to their 1994 and 1995 Federal income            





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