Margaret Loughran Webb - Page 9

                                   - NEXTRECORD  -                                    
          deficiency under section 6212.  See Shelton v. Commissioner, 63             
          T.C. 193 (1974); O'Brien v. Commissioner, 62 T.C. 543, 548                  
          (1974); Heaberlin v. Commissioner, 34 T.C. 58, 59 (1960).  If we            
          conclude that the petition is untimely, petitioner would be                 
          precluded from challenging the merits of the deficiency in this             
          Court and would only be able to obtain judicial review of such              
          merits by paying the tax, filing a claim for refund with the IRS,           
          and if the claim is denied, suing for a refund in the appropriate           
          Federal District Court or the U.S. Court of Federal Claims.  Sec.           
          7422.  However, if jurisdiction is lacking because of                       
          respondent's failure to issue valid notices of deficiency, we               
          will dismiss the case on that ground, rather than for lack of a             
          timely filed petition.  Pietanza v. Commissioner, 92 T.C. 729,              
          735-736 (1989), affd. without published opinion 935 F.2d 1282 (3d           
          Cir. 1991); Weinroth v. Commissioner, 74 T.C. 430, 435 (1980);              
          Keeton v. Commissioner, 74 T.C. 377, 379 (1980).                            
               As indicated, the parties initially disagree whether notices           
          of deficiency were, in fact, issued to petitioner and, if so,               
          whether they were mailed to petitioner at petitioner's last known           
          address.  Respondent contends that a notice of deficiency for the           
          taxable years 1989 through 1991, and a second notice of                     
          deficiency for the taxable years 1992 and 1993, were issued to              
          petitioner on January 24, 1995.  Respondent also contends that              
          both notices of deficiency were mailed to petitioner at                     
          petitioner's last known address.                                            




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011