- 3 - is no genuine issue of material fact. Marshall v. Commissioner, 85 T.C. 267, 271 (1985); Naftel v. Commissioner, supra at 529. The facts are viewed in a light most favorable to the nonmoving party. Jacklin v. Commissioner, 79 T.C. 340, 344 (1982). The facts necessary to consider the question presented are contained in pleadings and other documents in the record, and are not controverted. We must consider whether respondent was entitled to mail petitioner a second notice of deficiency concerning petitioner's 1991 taxable year. If respondent was not entitled to do so, then the August notice would not be valid as to petitioner's 1991 tax year, and this Court would not possess jurisdiction over the 1991 excise tax deficiency. Sec. 6213; Stamm Intl. Corp. v. Commissioner, 84 T.C. 248, 252 (1985). Questions of jurisdiction must be decided whenever it appears that we may not have jurisdiction. Wheeler's Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 179 (1960). Section 6212, in pertinent part, provides that if the Commissioner "mailed to the taxpayer a notice of deficiency as provided in subsection (a), and the taxpayer files a petition with the Tax Court * * * the * * * [Commissioner] shall have no right to determine any additional deficiency * * * of chapter 43 tax for the same taxable year". We have interpreted the prohibition in section 6212 as not applying to deficiencies based on two different taxes based on two separate returns. S-KPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011