- 5 - "last known address." Sec. 6212(b); Frieling v. Commissioner, 81 T.C. 42, 52 (1983). The taxpayer, in turn, has 90 days (or 150 days if the notice is addressed to a person outside of the United States) from the date that the notice of deficiency is mailed to file a petition in this Court for a redetermination of the deficiency. Sec. 6213(a). There is no dispute that respondent mailed the notices of deficiency to petitioner at his last known address on June 23, 1995. Further, petitioner admits that he received the notices of deficiency and, in early July 1995, returned them to respondent marked "Refusal For Cause Without Dishonor U.C.C. 3-501". Petitioner did not file his petitions for redetermination with the Court until September 25, 1996--some 15 months after the notices of deficiency were mailed. Thus, it is evident that petitioner did not timely file his petitions for redetermination. Consequently, we will dismiss these cases for lack of jurisdiction on the ground that petitioner failed to file his petitions within the 90-day time period prescribed in section 6213(a).2 2 Although petitioner cannot pursue his case in this Court, he is not without a remedy. In short, petitioner may pay the tax, file a claim for refund with the Internal Revenue Service, and if the claim is denied, sue for a refund in the Federal District Court or the U.S. Court of Federal Claims. See McCormick v. Commissioner, 55 T.C. 138, 142 (1970).Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011