Dean P. Munoz - Page 2




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            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 this                            





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