Jessie J. Chambers - Page 6

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            Discussion                                                                                   
                  This Court's jurisdiction to redetermine a deficiency                                  
            depends upon the issuance of a valid notice of deficiency and a                              
            timely filed petition.  Rule 13(a), (c); Monge v. Commissioner,                              
            93 T.C. 22, 27 (1989); Normac, Inc. v. Commissioner, 90 T.C. 142,                            
            147 (1988).  Section 6212(a) expressly authorizes the                                        
            Commissioner, after determining a deficiency, to send a notice of                            
            deficiency to the taxpayer by certified or registered mail.  It                              
            is sufficient for jurisdictional purposes if the Commissioner                                
            mails the notice of deficiency to 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 the 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); Yusko v. Commissioner, 89 T.C.                             
            806, 810 (1987); Frieling v. Commissioner, supra at 52.  The                                 
            taxpayer, in turn, has 90 days from the date the notice of                                   
            deficiency is mailed to file a petition in this Court for a                                  
            redetermination of the deficiency.  Sec. 6213(a).                                            
                  Respondent mailed the notice of deficiency for 1990 on                                 
            February 16, 1993, and the notice of deficiency for 1991, 1992,                              
            and 1993 on September 15, 1995.  The petition in this case was                               
            postmarked August 13, 1996, and was received and filed by the                                
            Court on August 14, 1996.  Given that the petition was neither                               
            mailed nor filed prior to the expiration of the 90-day statutory                             




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