- 2 - Background On October 17, 1997, respondent mailed a notice of deficiency to petitioner determining a deficiency and accuracy- related penalty in petitioner’s Federal income tax for 1994 in the amounts of $2,026 and $405, respectively. On December 11, 1997, respondent mailed a notice of deficiency to petitioner determining a deficiency and accuracy-related penalty in petitioner’s Federal income tax for 1995 in the amounts of $1,312 and $262, respectively. Respondent sent both notices by certified mail to petitioner addressed to him at 3920 Ulloa Street, San Francisco, CA 94116-2123 (the Ulloa Street address). On May 18, 1999, petitioner filed a petition for redetermination with the Court contesting respondent’s deficiency and penalty determinations for 1994 and 1995. The petition arrived at the Court in an envelope bearing a U.S. Postal Service postmark date of May 13, 1999. The petition and the envelope identify petitioner’s address as the Ulloa Street address. The petition alleges that petitioner “was and still presently serve[s] on active duty with the United States military.” The petition further alleges that petitioner only received copies of the notices of deficiency on February 26, 1999, and that he filed his petition within 90 days of that date. As indicated, respondent filed a Motion to Dismiss for Lack of Jurisdiction on July 2, 1999. Respondent contends that thisPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011