James A. Rochelle - Page 7





                                        - 7 -                                         
               Section 6212(a) provides that if the Commissioner determines           
          a deficiency in income tax, “he is authorized to send notice of             
          such deficiency to the taxpayer by certified mail or registered             
          mail.”  The purpose of this provision is to provide the taxpayer            
          with actual notice of the deficiency in a timely manner, so that            
          the taxpayer will have an opportunity to seek a redetermination             
          of such deficiency in the prepayment forum offered by this Court.           
          See Smith v. Commissioner, supra at 490-491; McKay v.                       
          Commissioner, 89 T.C. 1063, 1067 (1987), affd. 886 F.2d 1237 (9th           
          Cir. 1989).  In this case, the notice of deficiency was received            
          by petitioner within days of its mailing.  The statutory goal of            
          providing the taxpayer with actual notice of the deficiency                 
          determination in a timely manner was therefore satisfied.                   
               Although the notice of deficiency failed to provide the                
          petition date, the notice was by no means devoid of information             
          regarding the time frame in which petitioner had to file his Tax            
          Court petition.  The notice clearly stated that the petition had            
          to be filed within 90 days of the mailing of the notice.  In                
          addition, the necessity of filing a timely petition was                     
          emphasized in underscored type.                                             
               Furthermore, petitioner was not prejudiced by the                      
          respondent’s failure to specify the petition date in the notice.            
          The legislative materials accompanying section 3463 of RRA 1998             
          reveal that Congress was concerned about taxpayers who, due to a            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011