Stanley D. and Rosemary A. Clough - Page 2




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                    Held: The certified mail list is a record of                      
               regularly conducted activity under Fed. R. Evid. 802(6)                
               and is self-authenticated by the accompanying                          
               declarations under Fed. R. Evid. 902(11).                              


               Stanley D. Clough and Rosemary A. Clough, pro se.                      
               Karen N. Sommers, Melinda G. Williams, and Donna F. Herbert,           
          for respondent.                                                             


                                       OPINION                                        
               DAWSON, Judge:  This case was assigned to Special Trial                
          Judge Carleton D. Powell pursuant to the provisions of section              
          7443A(b)(5) and Rules 180, 181, and 183.1  The Court agrees with            
          and adopts the opinion of the Special Trial Judge, which is set             
          forth below.                                                                
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               POWELL, Special Trial Judge:  This matter is before the                
          Court on respondent’s motion to dismiss for lack of jurisdiction,           
          as supplemented.  Respondent contends that the Court lacks                  
          jurisdiction in this case on the ground that the petition was not           
          filed within the time prescribed in sections 6213(a) and 7502(a).           
          Petitioners resided in Sylmar, California, at the time the                  
          petition was filed.                                                         



               1  Unless otherwise indicated, section references are to the           
          Internal Revenue Code, as amended, and Rule references are to the           
          Tax Court Rules of Practice and Procedure.                                  




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Last modified: May 25, 2011