- 5 - 1974); Massie v. Commissioner, T.C. Memo. 1995-173. The notice of deficiency was mailed on July 8, 1994, as reflected on Form 3877. The statutory 90-day period for timely filing a petition with this Court expired on October 6, 1994. As indicated above, this Court does not have jurisdiction to redetermine the deficiency unless petitioner can demonstrate that the petition was timely filed. Petitioner has not produced any evidence which would indicate another date of the mailing of the notice of deficiency. Accordingly, the petition was not filed within the 90-day period pursuant to section 6213. Respondent's motion to dismiss on the basis of petitioner's failure to timely petition this Court is granted.3 We have found that the notice of deficiency was mailed on July 8, 1994. Respondent has indicated that she concedes that the notice of deficiency was not issued to the last known address of Joseph Green. Accordingly, this matter will be dismissed for lack of jurisdiction as to Joseph Green on the basis that no valid notice of deficiency was issued to petitioner Joseph Green at his last known address.4 3 Although petitioner cannot pursue her case in this Court, she is not without a remedy. In short, petitioner may pay the tax, file a claim for refund with the Internal Revenue Service, and if the claim is denied, sue for a refund in the Federal District Court or the United States Court of Federal Claims. See McCormick v. Commissioner, 55 T.C. 138, 142 (1970). 4 It is well established that this Court has jurisdiction to determine whether we have jurisdiction over a particular case. Brannon's of Shawnee, Inc. v. Commissioner, 69 T.C. 999 (1978). However, since we have determined that we do not have jurisdiction, we cannot consider other arguments made by (continued...)Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011