- 8 - 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 If a notice of deficiency is rescinded, the taxpayer has no right to file a petition with the Court based on such a notice. Moreover, a notice that is rescinded is not treated as a notice of deficiency for purposes of section 6212(c)(1), which restricts the issuance of further notices of deficiency.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 In contrast, petitioners contend principally that the notice of deficiency was rescinded and that, for such reason, this case should be dismissed for lack of jurisdiction.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 We must first decide whether the notice of deficiency was rescinded, because, if such notice was rescinded, we will dismiss on that ground, rather than for lack of a timely-filed petition.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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011