Margaret Loughran Webb - Page 8

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          after determining a deficiency, to send a notice of deficiency to           
          a taxpayer by certified or registered mail.  It is sufficient for           
          jurisdictional purposes if respondent mails the notice of                   
          deficiency to a taxpayer at the taxpayer's "last known address".            
          Sec. 6212(b); Frieling v. Commissioner, 81 T.C. 42, 52 (1983).              
          If a notice of deficiency is mailed to a taxpayer at the                    
          taxpayer's last known address, actual receipt of the notice is              
          immaterial.  King v. Commissioner, 857 F.2d 676, 679 (9th Cir.              
          1988), affg. 88 T.C. 1042 (1987); Keado v. United States, 853               
          F.2d 1209, 1211-1212 (5th Cir. 1988); Yusko v. Commissioner, 89             
          T.C. 806, 810 (1987); Frieling v. Commissioner, supra at 52.  The           
          taxpayer, in turn, has 90 days (or 150 days under circumstances             
          not present herein) from the date that the notice of deficiency             
          is mailed to file a petition with this Court for a                          
          redetermination of the deficiency.  Sec. 6213(a).                           
               In her motion to dismiss, respondent claims to have mailed             
          notices of deficiencies for the taxable years 1989 through 1993             
          to petitioner at petitioner's last known address on January 24,             
          1995.  In view of the fact that the petition was not filed until            
          November 6, 1995, well after the expiration of the 90-day period            
          for filing a timely petition, it necessarily follows that we must           
          dismiss this action for lack of jurisdiction.  The question                 
          presented is whether the dismissal should be premised on                    
          petitioner's failure to file a timely petition under section                
          6213(a) or on respondent's failure to issue valid notices of                




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