Jack Alban Koerner - Page 10

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                  The record indicates that petitioner did not file tax                               
            returns for the years 1987 through 1993.  However, during the                             
            period 1989 through 1995, petitioner sent a substantial amount of                         
            correspondence to various IRS offices listing his address as the                          
            Mt. Airy address.  The record indicates that petitioner did not                           
            provide respondent with an address other than the Mt. Airy                                
            address until July 1995.  Considering all of the circumstances,                           
            we are satisfied that the Mt. Airy address constituted                                    
            petitioner's last known address on November 1, 1993--the date                             
            respondent mailed the notice of deficiency for 1990.                                      
            Consequently, we will dismiss this case for lack of jurisdiction                          
            as to the taxable year 1990 on the ground that petitioner failed                          
            to file his petition within the 90-day time period prescribed in                          
            section 6213(a).3                                                                         












            3  Although petitioner cannot pursue his case respecting his                              
            1990 tax liability in this Court, he is not without a remedy.  In                         
            short, petitioner may pay the tax, file a claim for refund with                           
            the IRS, 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).                                       




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