Joseph Green and Fe Green - Page 5

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            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...)                 




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