MULVANIA v. C.I.R.

No. 84-7359.

769 F.2d 1376 (1985)

Richard L. MULVANIA, Petitioner-Appellee, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1985.


Attorney(s) appearing for the Case

Paul Frederic Marx, Hufstedler, Miller, Carlson & Beardsley, Newport Beach, Cal., for petitioner-appellee.

Gilbert Rothenberg, Tax Div., Michael Paup, Washington, D.C., for respondent-appellant.

Before GOODWIN, SNEED and SKOPIL, Circuit Judges.


GOODWIN, Circuit Judge.

The Commissioner of the Internal Revenue Service appeals a decision of the Tax Court that it lacked jurisdiction to assess a deficiency against taxpayer, Richard L. Mulvania, because he did not receive a valid notice of deficiency within the three-year statute of limitations on assessments. We affirm.

Mulvania timely filed an income tax return for 1977 showing his address as 57 Linda Isle Drive, Newport Beach, California. The return...

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