FIRST NATIONAL BANK OF BERESFORD v. COMMISSIONER

Docket No. 34434-84.

51 T.C.M. 587 (1986)

T.C. Memo. 1986-95

First National Bank of Beresford v. Commissioner.

United States Tax Court.

Filed March 10, 1986.


Attorney(s) appearing for the Case

Danny R. Smeins and Frank L. Farrar, for the petitioner. James C. Lanning, for the respondent.


Memorandum Findings of Fact and Opinion

GERBER, Judge:

Respondent has moved for the dismissal of this case due to lack of jurisdiction premised upon the ground that a petition was not filed within 90 days of mailing of the statutory notice of deficiency as required in section 6213(a).1 Petitioner admits that its petition was filed 297 days after the notice was mailed, but counters that respondent did not send the notice to its...

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