6 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.Page: Previous 1 2 3 4 5 6
Last modified: May 25, 2011