Dean P. Munoz - Page 3




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            case must be dismissed for lack of jurisdiction on the ground                              
            that the petition was not filed within the time prescribed by                              
            section 6213(a) or section 7502.1                                                          
            Petitioner filed an objection to respondent's motion to                                    
            dismiss, repeating the allegations set forth in the petition.                              
            Thereafter, petitioner filed a response, documenting his military                          
            service.  Petitioner’s response establishes that petitioner                                
            served in Korea on active duty with the United States Army from                            
            June 1997 through May or June 1998.  Petitioner’s response also                            
            establishes: (1) Petitioner’s “home of record” at the time of his                          
            enlistment with the Army in September 1996 was the Ulloa Street                            
            address; and (2) petitioner’s “leave address” for paternity                                
            purposes in June 1997 was also the Ulloa Street address.2                                  
            This matter was called for hearing at the Court's trial                                    
            session in San Francisco, California, on November 17, 1999.                                
            There was no appearance by or on behalf of petitioner, nor did                             
            petitioner file any statement pursuant to Rule 50(c).  Counsel                             
            for respondent appeared and argued in support of the pending                               
            motion.  Counsel represented that respondent’s records do not                              



            1  All section references are to the Internal Revenue Code                                 
            of 1986, as amended, and all Rule references are to the Tax Court                          
            Rules of Practice and Procedure.                                                           
            2  Petitioner’s request for 25 days’ leave from military                                   
            service states as its reason “wife do [sic] to have a baby 6 June                          
            97".                                                                                       




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