David J. and Patricia A. Fogderud - Page 6




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          result in delayed receipt of the deficiency notice.  Lewy v.                 
          Commissioner, 68 T.C. 779 (1977).                                            
               The facts in the instant case clearly reveal that                       
          petitioners were not entitled to the 150-day period for filing               
          their petition.  Petitioners were in the United States on the                
          date that the notices of deficiency were mailed and on the date              
          we have found the notices of deficiency were received.  In point             
          of fact, petitioners did not arrive in Mexico until February 4,              
          1998, 64 days after the notices of deficiency were mailed.  Thus,            
          petitioners' absence from the country did not result in a delay              
          in the receipt of the notices of deficiency.  Lewy v.                        
          Commissioner, supra; Lawton v. Commissioner, T.C. Memo. 1979-203.            
               Petitioners were not entitled to the 150-day filing period.             
          Accordingly, respondent's motion to dismiss will be granted.                 


                                                   An appropriate order of             
                                              dismissal will be entered.               


















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