James L. Geary and Carol O. Geary - Page 4

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          30-day letter proposing a deficiency in their income tax.                   
          Respondent mailed the 30-day letter to petitioners at the Lake              
          Forest address.  Petitioners received the 30-day letter.                    
               On April 17, 2002, petitioners filed with respondent a                 
          protest to the 30-day letter indicating their disagreement with             
          the proposed deficiency.  In their protest, petitioners listed              
          their address as the Lake Forest address.                                   
               By notice of deficiency dated August 5, 2002, respondent               
          determined a deficiency in petitioners’ income tax for 2000 in              
          the amount of $4,201.  Respondent sent the notice of deficiency             
          to petitioners by certified mail addressed to them at the Lake              
          Forest address.3                                                            
               The deficiency in income tax was based on respondent’s                 
          determination that petitioners failed to report on their 2000               
          return all of the income received by them during that year.                 
               Petitioners did not file a petition for redetermination with           
          this Court in respect of the notice of deficiency.  See sec.                
          6213(a).  Accordingly, on December 30, 2002, respondent assessed            
          the deficiency, together with interest as provided by law, and              
          sent petitioners a notice and demand for payment.  Petitioners              
          did not pay the amount owing.                                               

               3  The notice of deficiency was placed in the mail on Aug.             
          3, 2002, two days before the typewritten date appearing on the              
          notice.  Nevertheless, the notice correctly informed petitioners            
          that the last day to file a petition for redetermination with               
          this Court was Monday, Nov. 4, 2002.                                        





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