Douglas W. and Gail Caple - Page 6




                                        - 5 -                                         
          day period for filing had elapsed.  Petitioners cited a series of           
          problems, including:  (1) Mr. Caple’s terminal illness,5 (2) the            
          death of Mr. Caple’s father in February 1997, (3) two “stressful            
          lawsuits” of an unspecified nature, and (4) petitioners’ “severe”           
          financial problems.                                                         
               On September 3, 1997, the Court issued to petitioners a                
          notice of filing by respondent of a motion to dismiss for lack of           
          jurisdiction.  Petitioners were required by the notice of filing            
          to file an objection to respondent’s motion to dismiss within 20            
          days; they failed to do so.  On October 8, 1997, the Court                  
          granted respondent’s motion to dismiss.                                     
               Respondent assessed petitioners’ Federal income tax owed for           
          taxable years 1993 and 1994, together with interest and                     
          penalties, on June 23, 1997.  Respondent’s statements of account            
          show that from the date the assessment was made, there occurred a           
          series of payments, credits, additional assessments, and                    
          adjustments with respect to both taxable years at issue.  As of             
          May 31, 2004, the date on which petitioners requested that a copy           
          of respondent’s statements be mailed to them, the transcripts               
          showed a zero balance remaining for taxable year 1993 and a                 
          balance remaining (including interest and penalties) of                     
          $21,606.92 for taxable year 1994.                                           


               5 Mr. Caple was told by his doctors in 1996 that he had only           
          2 years to live.                                                            






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