Michael P. and Dolores A. Gam - Page 6




                                         - 6 -                                          
          the notice of deficiency.  Finally, respondent contends that,                 
          even though petitioners did not receive the notice of deficiency              
          as mailed, “petitioners had actual oral notice that a deficiency              
          in income tax had been proposed against them for the 1995 income              
          tax year.”                                                                    
               Petitioners contend they never received the notice of                    
          deficiency until, after many efforts over many months, they                   
          received a copy of the notice of deficiency attached to a letter              
          from respondent’s Taxpayer Advocate office.  In their written                 
          objection to respondent’s motion, petitioners ask that we hold                
          that their petition was timely filed and that this Court has                  
          jurisdiction of their case.                                                   
               In their opening statement at the evidentiary hearing on                 
          respondent’s motion, petitioners contend that, because of their               
          efforts to get a copy of the notice of deficiency and                         
          respondent’s lack of cooperation, the notice of deficiency should             
          be treated as having been mailed on May 13, 1998, the date on the             
          letter from respondent’s Taxpayer Advocate which included a copy              
          of the notice of deficiency; under these circumstances,                       
          petitioners point out, their petition was timely filed.  In                   
          addition, petitioners contend that respondent’s addition of three             
          digits to the ZIP Code of petitioners’ correct address may have               
          interfered with their receipt of the notice of deficiency.                    
               On brief, petitioners rest primarily on the contention that              






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next

Last modified: May 25, 2011