Jeffrey Christopher Sprankle - Page 6




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          outside of the envelope in the upper left corner.  He did not do            
          anything that would constitute clear and concise notification               
          that he had moved to a new, permanent address. We cannot find               
          that petitioner provided respondent with clear and concise notice           
          of his address change.  Absent the proper notice, respondent                
          correctly relied upon the address used on petitioner's most                 
          recently filed tax return.  We find that the notice of deficiency           
          was valid when mailed to the Union Street address on September 9,           
          1998.                                                                       
               We hold that petitioner did not file his petition for                  
          redetermination with this Court within the time prescribed by               
          sections 6213(a) and 7502.  Therefore, we lack jurisdiction to              
          redetermine the 1996 tax liability of petitioner.  We grant                 
          respondent's motion to dismiss for lack of jurisdiction.                    
               Petitioner is not without a judicial remedy.  Petitioner may           
          pay the tax and file a claim for refund with the Internal Revenue           
          Service.  If the claim for refund is denied, then petitioner may            
          pursue his case in the appropriate Federal District Court or the            
          U.S. Court of Federal Claims.  McCormick v. Commissioner, 55 T.C.           
          138, 142 (1970).                                                            
               To reflect the foregoing,                                              
                                             An order granting respondent's           
                                        motion to dismiss for lack of                 
                                        jurisdiction will be entered.                 






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