- 3 - 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".Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011