ESTATE OF MARTIN v. C. I. R.

No. 78-1894 Summary Calendar.

585 F.2d 97 (1978)

ESTATE of Anna K. MARTIN, Deceased, Seth P. Martin, Sr., Independent Executor, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 27, 1978.


Attorney(s) appearing for the Case

Clyde J. B. Johnson, III, Mark P. Gainey, San Antonio, Tex., for petitioner-appellant.

M. Carr Ferguson, Asst. Atty. Gen., Gilbert E. Andrews, Act. Chief, Stuart E. Seigel, Act. Chief Counsel, IRS, Grant W. Wiprud, Atty., Gilbert S. Rothenberg, Tax Div., Dept. of Justice, Washington, D. C., for respondent-appellee.

Before RONEY, GEE and FAY, Circuit Judges.


PER CURIAM:

The appellant taxpayer contends that the notice of deficiency issued by the Internal Revenue Service was fatally defective because it failed to reflect a postmark. A stipulation was entered in the United States Tax Court as to the tax due and the question of jurisdiction was reserved for appeal. The Tax Court found the taxpayer's argument without merit and we affirm.

The facts necessary to understand this dispute are set forth briefly. On January...

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