- 2 - 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 incomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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