Charles Raymond Wheeler - Page 7

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          argued that a valid notice of deficiency must reference the                 
          particular statute upon which the Commissioner’s determination is           
          based.  We address petitioner’s argument in order to clarify that           
          the notice of deficiency in question satisfied the requirements             
          of sections 6212 and 7522.                                                  
               Section 6212(a) authorizes the Secretary10 to send a notice            
          of deficiency to a taxpayer by certified mail or registered mail            
          if the Secretary determines that the taxpayer is liable for a               
          deficiency in income tax.  Ordinarily, a notice of deficiency               
          involving income tax is sufficient if it is mailed to a                     
          taxpayer’s last known address.  Sec. 6212(b)(1).  A notice of               
          deficiency described in section 6212 must also comply with                  
          section 7522.  Sec. 7522(b)(1).  Section 7522(a) provides that              
          “Any notice to which this section applies shall describe the                
          basis for, and identify the amounts (if any) of, the tax due,               
          interest, additional amounts, additions to the tax, and                     
          assessable penalties included in such notice.”  However, section            
          7522(a) also provides that an inadequate description “shall not             
          invalidate such notice.”                                                    
               Petitioner does not dispute that respondent addressed the              
          notice of deficiency to petitioner at his last known address, see           
          sec. 6212(b)(1), and that respondent mailed the notice by                   


               10The term “Secretary” is defined by sec. 7701(a)(11)(B) to            
          mean the Secretary of the Treasury or his delegate.                         





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