- 8 - Court on February 20, 1996. The 90-day period prescribed in section 6213(a) for filing a timely petition in this case expired on Tuesday, February 13, 1996, which date was not a holiday in the District of Columbia. Given that the petition was neither mailed nor filed prior to the expiration of the 90-day statutory period for filing a timely petition, it follows that we lack jurisdiction over the petition. Secs. 6213(a), 7502; Rule 13(a), (c); see Normac, Inc. v. Commissioner, supra. The question presented is whether dismissal of this case should be premised on petitioner's failure to file a timely petition under section 6213(a), or on respondent's failure to issue a valid notice of deficiency under section 6212. Keeton v. Commissioner, 74 T.C. 377, 379 (1980). Petitioner contends that the notice is invalid because it was not mailed to her last known address. Although the phrase "last known address" is not defined in the Internal Revenue Code or in the regulations, we have held that a taxpayer's last known address is the address shown on the taxpayer's most recently filed return, absent clear and concise notice of a change of address. Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988); see King v. Commissioner, supra at 681. In this regard, petitioner contends that Terry McMahon's conversation with Revenue Agent Bodner on June 29, 1995, provided respondent with clear andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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