- 4 - 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 IslandPage: Previous 1 2 3 4 5 6 7 8 Next
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