Mary Lou and Allen E. Jones - Page 3




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          The notices were sent to petitioners by certified mail, and                 
          petitioner wife signed for each on December 20, 2001.                       
               Each notice was date stamped “DEC 18 2001" in the upper left           
          hand corner next to the word “Date”.  Vertically listed in the              
          upper right hand corner of each notice were various items of                
          information, including information regarding the person to                  
          contact at the Internal Revenue Service and a telephone number to           
          call.  The last item was the subject matter of the notice:  “In             
          Re:  Due Process Appeal (Tax Court)”.  Each notice bore a second            
          date stamp, “FEB 16 2002", immediately under or next to that last           
          information item.  Each notice also contained the following                 
          sentence (comprising a separate paragraph) in the body of the               
          notice:                                                                     
               If you want to dispute this determination in court, you                
               must file a petition with the United States Tax Court                  
               for a redetermination within 30 days from the date of                  
               this letter.                                                           
          Each notice also contained the following language:                          
               The time limit for filing your petition is fixed by                    
               law.  The courts cannot consider your case if you file                 
               late.  * * *                                                           
               Petitioners waited until January 23, 2002, to inquire about            
          the significance of the two dates stamped on the notices.  On               
          that date, petitioner husband inquired of Appeals Officer Dianne            
          Villa about such significance.  Ms. Villa informed him that he              
          had only 30 days from the date of the notices to appeal to the              
          Tax Court and that the February 16 date was probably an internal            





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