- 14 - "Once respondent places the deficiency notice within the taxpayer's grasp [in ample time to file a petition with the Tax Court, respondent] * * * satisfies the requirement of section 6212; if the taxpayer turns a blind eye to that information, she does so at her own peril." Patmon & Young Professional Corp. v. Commissioner, supra. The evidence in this case shows that the U.S. Postal Service attempted delivery of both notices of deficiency and that peti- tioners had adequate notice and time to obtain the notices of deficiency from the local Post Office. There is no indication in the record that anything was amiss in the normal handling of the mail in question. We find that petitioners in the case herein received actual notice of the deficiency with ample time remaining to file a petition. Petitioners have failed to produce any evidence, other than self-serving testimony, to explain their failure to claim the notices of deficiency and to file a petition in a timely manner. Thus, we hold that the notices of deficiency are valid. Therefore, since the petition in this case was not timely, we shall grant the Commissioner's motion to dismiss for lack of jurisdiction. An appropriate order of dismissal for lack of jusisdiction will be entered be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011