- 6 - Accordingly, petitioners contend that the statutory 90-day filing period should not begin until petitioners actually received the notices of deficiency. Petitioners' reliance on Gaw v. Commissioner, supra, and Crawford v. Commissioner, supra, is misplaced. In each of those cases, the taxpayer did not receive the notice of deficiency prior to the end of the 90-day period allowed for filing a petition in this Court. Gaw v. Commissioner, supra at 464 (notice of deficiency not received by the taxpayer because it was returned by the taxpayer's apartment manager to the Commissioner); Crawford v. Commissioner, supra (notice of deficiency returned to the Commissioner marked "UNABLE TO FORWARD"). In the instant cases, however, petitioners concede that they actually received the notices of deficiency prior to the end of such 90-day period. As we stated supra, a taxpayer's actual receipt of a notice of deficiency, without prejudicial delay, obviates the need to consider a taxpayer's "last known address" pursuant to section 6212(b)(1). Accordingly, the issue to be decided is whether petitioners' receipt of the notices of deficiency 21 days after they were mailed by respondent constitutes "prejudicial delay". Based upon our review of the records in the instant cases, we conclude that the notices of deficiency were received by petitioners without prejudicial delay. Petitioners concede that they received the notices of deficiency on or about June 28,Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011