Jack Alban Koerner - Page 5

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            deficiency.  Petitioner denies receiving any notices of                                   
            deficiency.                                                                               
                  Following the hearing, respondent was provided a further                            
            opportunity to produce a copy of the notice of deficiency for the                         
            years 1991, 1992, and 1993, and/or any other evidence relevant to                         
            the existence and disposition of the notice.  In a status report,                         
            respondent stated that she has searched her records and is unable                         
            to locate a copy of the notice of deficiency in question.  In                             
            addition, respondent reported that the U.S. Postal Service was                            
            unable to locate its records respecting certified mail or copies                          
            of receipts for the period in question.                                                   
                  There is nothing in this record which reflects the amounts                          
            of the deficiencies that were determined for 1991, 1992, and 1993                         
            and no historical analysis of the examination.  Respondent did                            
            not present a witness in an attempt to analyze the transcript of                          
            account and documents that were available or otherwise provide                            
            testimony as to the procedures taken in the preparation and                               
            issuance of a notice of deficiency for 1991 through 1993.                                 
            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                                     





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