Dean P. Munoz - Page 6




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                  Section 7508(a)(1)(C) serves to extend the normal 90-day or                          
            150-day period within which a petition must generally be filed by                          
            disregarding the time when a member of the Armed Forces is                                 
            present in a combat zone and the next 180 days thereafter.  For                            
            purposes of section 7508, a “combat zone” is an area designated                            
            as such by the President of the United States by Executive order                           
            for purposes of section 112.4  However, Korea has not been a                               
            combat zone since January 1955.5  Accordingly, section 7508                                
            offers petitioner no solace.  See Stone v. Commissioner, 73 T.C.                           
            617, 620-621 (1980).                                                                       
                  Petitioner also alleges that he did not receive either                               
            notice of deficiency until copies were sent to him in February                             
            1999, thereby implying that the notices are invalid because they                           
            were not mailed to him at his last known address.                                          




            4  Sec. 112 serves to exclude from gross income certain                                    
            combat zone compensation received by members of the Armed Forces.                          
            See Waterman v. Commissioner, 110 T.C. 103 (1998), affd. 179 F.3d                          
            123 (4th Cir. 1999).                                                                       
            5  Korea and its adjacent waters were declared a combat zone                               
            as of June 27, 1950, by President Truman in Executive Order                                
            10195, 1951-1 C.B. 6.  That designation was withdrawn as of Jan.                           
            31, 1955, in Executive Order 10585, 1955-1 C.B. 17.                                        
                  For other declarations involving hostilities in Korea, see                           
            Rev. Rul 207, 1953-2 C.B. 442, regarding personnel of the U.N.                             
            Korean Reconstruction Agency, and Act of Apr. 24, 1970, Pub. L.                            
            91-235, 84 Stat. 200, regarding the crewmen of the Pueblo while                            
            illegally detained by North Korea in 1968.                                                 





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