Legal Opinion

Roszkos v. Commissioner

United States Tax Court

Decided December 4, 1986No. Docket No. 45403-85PublishedCited by 28 opinions

P and R executed an open-ended consent (Form 872-A) to extend the period for assessment. R sent two notices of deficiency to addresses which were not P's "last known address." P did not receive the notices and R assessed and collected the tax from P. The terms of the consent provided for termination if R mailed a notice of deficiency or assessed the tax.

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P and R executed an open-ended consent (Form 872-A) to extend the period for assessment. R sent two notices of deficiency to addresses which were not P's "last known address." P did not receive the notices and R assessed and collected the tax from P. The terms of the consent provided for termination if R mailed a notice of deficiency or assessed the tax. More than 90 days after the mailing of the two notices, P petitioned this Court and then moved for dismissal on grounds that the notices were not sent to P's "last known address" and R posed no objection. We dismissed. R mailed a new notice…

1Opinion of the Court

GERBER, Judge:

Respondent, in a notice of deficiency dated October 28, 1985, determined deficiencies in petitioners’ 1973 and 1974 Federal income taxes in the amounts of $33,178 and $36,136, respectively. Petitioners filed a timely petition reflecting a legal residence of Alamo, California. Petitioners, on January 21, 1986, moved to dismiss for lack of jurisdiction on the ground that respondent’s October 28, 1985, notice was mailed beyond the 3-year statutory period within which to assess tax. The circumstances preceding the issuance of the notice are unique and give rise to the following…

2Cases cited24 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Commissioner v. Gooch Milling & Elevator Co.Supreme Court of the United States · 1944
  3. Moulor v. American Life InsuranceSupreme Court of the United States · 1884
  4. Cool Fuel, Incorporated v. William H. Connett, Etc.Court of Appeals for the Ninth Circuit · 1982
  5. Stange v. United StatesSupreme Court of the United States · 1931

19 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Louis E. Roszkos and Vivian L. Roszkos v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1988
  2. Thoburn v. CommissionerUnited States Tax Court · 1990
  3. Hubbard v. CommissionerUnited States Tax Court · 1987
  4. Harry Holof and Norma Holof v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1989
  5. Charles E. Hubbard v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1989

23 more not listed; retrieve them via the Exa API.

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