- 5 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011