FERRE v. COMMISSIONER OF INTERNAL REVENUE

No. 83-1220.

718 F.2d 6 (1983)

Jose A. FERRE, Petitioner, Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 7, 1983.


Attorney(s) appearing for the Case

Robert A. Trevisani, John M. Truelove, and Gadsby & Hannah, Boston, Mass., on brief, for petitioner, appellant.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Ann Belanger Durney, and Kristina E. Harrigan, Attys., Tax Div., Dept. of Justice, Washington, D.C., on brief, for respondent, appellee.

Before BOWNES, Circuit Judge, ALDRICH and COWEN, Senior Circuit Judges.


BAILEY ALDRICH, Senior Circuit Judge.

This is an appeal from the dismissal of petitioner's suit brought in the Tax Court to determine the validity of an income tax deficiency assessment because not filed within 90 days of the mailing of the deficiency notice. 44 T.C.M. (CCH) 605 (1982). Petitioner, who had filed in 146 days, claims he had 150 days because the notice was "addressed to a person outside the United States."

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