NERI v. COMMISSIONER

Docket No. 1925-68.

54 T.C. 767 (1970)

JOHN S. NERI AND MARY C. NERI, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

United States Tax Court.

Filed April 14, 1970.


Attorney(s) appearing for the Case

John S. Neri, pro se.

Marlene Gross, for the respondent.


FEATHERSTON, Judge:

Respondent determined deficiencies in petitioners' income tax for 1959, 1961, and 1962 in the amounts of $1,998.58, $1,093.47, and $226.15, respectively, and an overassessment for 1960 in the amount of $396.83.

The questions presented for decision are as follows:

(1) Whether the notice of deficiency, issued February 2, 1968, was timely, or whether respondent was required to proceed in a suit for an erroneous refund to recover...

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