- 4 - As indicated, respondent filed a Motion to Dismiss For Lack of Jurisdiction in which she asserts that petitioners failed to file their petition within the 90-day period prescribed by section 6213(a). Petitioners filed an objection to respondent's motion in which they assert that the notice of deficiency was not mailed to them at their last known address. In this objection, petitioners identify their last known address as 2420 San Bruno Ave., San Francisco, California. Respondent filed a response to petitioners' objection in which she asserts that the notice of deficiency was mailed to petitioners at their last known address. Hearings were conducted in this case in Washington, D.C. Counsel for respondent appeared at the hearings and presented argument in support of the pending motion. Although petitioners did not appear at the hearings, they did file a written statement with the Court pursuant to Rule 50(c). Discussion This Court's jurisdiction to redetermine a deficiency depends upon the issuance of a valid notice of deficiency and a timely filed petition. Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988). Section 6212(a) expressly authorizes the Commissioner after determining a deficiency to send a notice of deficiency to the taxpayer by certified or registered mail. It is sufficient for jurisdictional purposes if respondent mails thePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011