Michael P. and Dolores A. Gam - Page 17




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          evidentiary hearing, petitioners contend that the 90-day period               
          for filing their petition should start on May 13, 1998, the date              
          of the letter from respondent’s Taxpayer Advocate which included              
          a copy of the notice of deficiency.                                           
               Petitioners did not include this contention in their                     
          posthearing brief.  We treat this as, in effect, petitioners’                 
          abandonment of this contention.  See subpars. (4) and (5) of Rule             
          151(e); Sundstrand Corp. v. Commissioner, 96 T.C. 226, 344                    
          (1991); Money v. Commissioner, 89 T.C. 46, 48 (1987).  In any                 
          event, the general rule is that the date of receipt, if any, is               
          irrelevant for purposes of applying the 90-day requirement.  See              
          Wilson v. Commissioner, 564 F.2d 1317, 1319 (9th Cir. 1977),                  
          affg. in part and dismissing in part unreported orders of this                
          Court.  We have not found anything in the record that would cause             
          us to conclude that the instant case presents any exception to                
          this general rule.                                                            
               Under section 6213(a) and Rule 25(a)(1), the first day of                
          the 90-day period is October 23, 1997, the day after the notice               
          of deficiency was mailed to petitioners.  The petition was filed              
          on July 24, 1998, long after the end of the 90-day period.                    
          D. Conclusions                                                                
               Respondent sent a valid notice of deficiency to petitioners.             
          Petitioners did not file a timely petition.  Because the petition             
          was not filed timely, this Court does not have jurisdiction over              






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