- 7 - and we have no reason to believe that a notice of deficiency was issued for these years. Consequently, we will dismiss this case for lack of jurisdiction with respect to the taxable years 1987, 1988, 1989, and 1994, on the ground that respondent did not issue a notice of deficiency to petitioner for those years. Taxable Years 1991, 1992, and 1993 Respondent asserts that she mailed a notice of deficiency to petitioner for the taxable years 1991, 1992, and 1993 on August 24, 1995, and that we lack jurisdiction over those years on the ground that petitioner failed to file a timely petition for redetermination. Petitioner contends that a notice was not mailed to his last known address, and that he never received the notice. Respondent has the burden of establishing both the existence of a notice of deficiency as well as the date of mailing. Pietanza v. Commissioner, supra at 736. Consistent with Pietanza v. Commissioner, supra, we conclude that the U.S. Postal Service Form 3877 offered by respondent is insufficient, standing alone, to establish that respondent mailed the notice of deficiency in question to petitioner. Not only is the notice of deficiency missing in this case, but respondent was unable to provide the Court with any other Postal Service records, such as Postal Service Form 3849, showing the delivery or attempted delivery of the articles listed in respondent'sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011