Legal Opinion

Vitale v. Commissioner

United States Tax Court

Decided November 13, 1972No. Docket No. 821-72PublishedCited by 23 opinions

Held: On the facts (1) the Commissioner's notice of deficiency was mailed to petitioner on Oct. 27, 1971; (2) the petition was received more than 90 days after Oct. 27, 1971. Accordingly, the Court lacks jurisdiction.

1Opinion of the Court

OPINION

Tbetjens, Judge:

The matter before us is the Commissioner’s motion to dismiss on the ground that petitioner failed to file a timely petition with this Court. Evidence was taken at a hearing on the motion held in Kansas City, Mo., on June 6, 1972. The Commissioner determined deficiencies for 1967 and 1968 in the income tax liability of Angelo Vitale, a resident of Kansas City, Mo., in the amounts of $463.73 and $11,576.75, respectively; substantial additions to the tax under sections 6651(a) and 6653(a), I.R.C. 1954,1 for failure to file a timely return and for negligence or intentional…

2Cases cited4 opinions

  1. Moffat v. CommissionerUnited States Tax Court · 1966
  2. Denman v. CommissionerUnited States Tax Court · 1961
  3. Molosh v. CommissionerUnited States Tax Court · 1965
  4. Vibro Mfg. Co., Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1963

3Cited by23 opinions

  1. Cataldo v. CommissionerUnited States Tax Court · 1973
  2. Pietanza v. CommissionerUnited States Tax Court · 1989
  3. Shelton v. CommissionerUnited States Tax Court · 1974
  4. Sylvan v. CommissionerUnited States Tax Court · 1975
  5. Lewy v. CommissionerUnited States Tax Court · 1977

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