Thomas H. and Maureen Hesse - Page 8

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          mailed to the taxpayer.  If a notice of deficiency is rescinded,            
          the taxpayer has no right to file a petition with the Court based           
          on such a notice.  Moreover, a notice that is rescinded is not              
          treated as a notice of deficiency for purposes of section                   
          6212(c)(1), which restricts the issuance of further notices of              
          deficiency.  Sec. 6212(d).                                                  
               The parties do not dispute that the notice of deficiency was           
          mailed to petitioners at petitioners' last known address, nor do            
          the parties dispute that the petition was mailed and filed more             
          than 90 days after the issuance of such notice.  Respondent                 
          contends that this case should be dismissed for lack of                     
          jurisdiction because the petition was not filed within the time             
          provided by sections 6213(a) and 7502.  In contrast, petitioners            
          contend principally that the notice of deficiency was rescinded             
          and that, for such reason, this case should be dismissed for lack           
          of jurisdiction.  Alternatively, petitioners contend that the IRS           
          letter dated November 21, 1996, constituted a second notice of              
          deficiency and that their petition was timely filed when measured           
          from the date of mailing of such letter.                                    
               We must first decide whether the notice of deficiency was              
          rescinded, because, if such notice was rescinded, we will dismiss           
          on that ground, rather than for lack of a timely-filed petition.            
          See, e.g., Pietanza v. Commissioner, 92 T.C. 729, 735-736 (1989),           
          affd. without published opinion 935 F.2d 1282 (3d Cir. 1991).               





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