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OPINION
FOLEY, Judge: Respondent determined a deficiency of $18,222
and a section 6662(a) penalty of $3,644 relating to petitioners’
1995 Federal income tax. The parties submitted this case fully
stipulated pursuant to Rule 122. Unless otherwise indicated, all
section references are to the Internal Revenue Code (I.R.C.) in
effect for the year in issue, and all Rule references are to the
Tax Court Rules of Practice and Procedure. After concessions,
the issue is whether the notice of deficiency is valid.
Background
In April 1996, petitioners filed their 1995 return. On
March 5, 1999, respondent sent to petitioners by certified mail,
a notice of deficiency relating to 1995. Petitioners received
the notice in the middle of that month. On April 29, 1999,
petitioners’ counsel informed the Internal Revenue Service (IRS),
by telephone, that the letter did not include a date in the
section of the letter entitled “Last Day to File a Petition With
the United States Tax Court” (the petition date). Respondent
also failed to stamp a date in the section of the letter entitled
“Letter Date”. On May 4, 1999, petitioners’ counsel received a
letter dated April 30, 1999, in which the IRS 90 Day Coordinator
wrote that “it appears the clerk failed to stamp the notice
mailed to your client.” Accompanying this letter was a copy of
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Last modified: May 25, 2011