Jack Alban Koerner - Page 7

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            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's                              







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