MAGAZINE v. COMMISSIONER

Docket No. 39207-86.

89 T.C. 321 (1987)

MARY O. MAGAZINE, F.K.A. MARY O. BANKS, PETITIONER v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed August 20, 1987.


Attorney(s) appearing for the Case

Sidney A. Soltz, for the petitioner.

Susan Wynne and David R. Cohen, for the respondent.


GERBER, Judge:

This matter comes to us because of respondent's motion to dismiss for lack of jurisdiction. The statutory notice of deficiency bears the date "Mar. 29, 1983" and the petition herein was filed on October 2, 1986, more than 3 years beyond the 90-day period set forth in section 6213.1 Petitioner, acknowledging that the petition would be untimely if a valid notice was actually mailed on the date alleged, objects to respondent...

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