Polly Paul McMahon - Page 8

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          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 and                 







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