- 4 - contend that the statutory 90-day filing period should not begin until petitioners actually received the notices of deficiency. Discussion Section 6212(a) provides that, when a deficiency in tax is determined to exist, the Secretary of the Treasury is authorized to send a notice of deficiency by certified mail to a taxpayer. Section 6212(b)(1) provides, with an exception not relevant herein, that the notice authorized pursuant to section 6212(a) shall be sufficient if it is mailed to the taxpayer at the taxpayer's "last known address". Respondent has the burden of proving that the notice of deficiency was properly mailed. August v. Commissioner, 54 T.C. 1535, 1536 (1970). If a notice of deficiency is mailed to a taxpayer within the United States, the taxpayer may file a petition in this Court within 90 days after the notice of deficiency is mailed. Sec. 6213(a). For purposes of computing the 90-day filing period, timely mailing is timely filing. Sec. 7502(a). A valid notice of deficiency and a timely petition are essential to this Court's jurisdiction, and any case in which one or the other is not present must be dismissed. Monge v. Commissioner, 93 T.C. 22, 27 (1989); Pyo v. Commissioner, 83 T.C. 626, 632 (1984). A notice of deficiency is valid, regardless of actual receipt by the taxpayer, if it is mailed to the taxpayer's "last known address". Sec. 6212(b)(1); see Yusko v. Commissioner, 89 T.C. 806, 810 (1987); King v. Commissioner, 88 T.C. 1042, 1047Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011