- 10 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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