Emily T. Nichols - Page 4




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          to Sender”, and the reason checked is “Attempted Not Known”.                
               Pericles G. Nichols died sometime between the date when the            
          1991 tax return was filed and the notices of deficiency were                
          mailed on December 8, 1994.  Respondent was aware of Pericles G.            
          Nichols’s death prior to the mailing of the notices of deficiency           
          on December 8, 1994.                                                        
               On October 1, 2001, petitioner filed a petition for                    
          redetermination with the Court.  Petitioner resided in Bay Harbor           
          Island, Florida, at the time she filed her petition.  Attached to           
          the petition is a copy of the notice of deficiency mailed to the            
          Palm Beach address.  The parties have stipulated that                       
          petitioner’s last known address at all times relevant to the                
          matter at hand was the Bay Harbor Island address.                           
               Respondent filed a motion to dismiss for lack of                       
          jurisdiction.  Respondent contends that this case must be                   
          dismissed for lack of jurisdiction on the ground that the                   
          petition was not filed within the 90-day period prescribed in               
          section 6213(a).  Petitioner filed an objection to respondent’s             
          motion to dismiss.  Petitioner contends that the issuance of the            
          notice of deficiency to the Coral Gables address on April 13,               
          1995, acted to rescind, withdraw, or otherwise invalidate the               
          duplicate notices of deficiency dated and mailed on December 8,             
          1994.  Respondent contends that a notice of deficiency was issued           
          to petitioner’s last known address, the Bay Harbor Island                   






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