Blair R. Laing & Donna R. Laing - Page 7

                                                - 7 -                                                 

            petition to indicate that respondent even determined a deficiency                         
            for 1995, much less that petitioners are disputing such                                   
            deficiency.                                                                               
                  In view of the foregoing, we hold that the petition was                             
            filed only in respect of the taxable years 1993 and 1994.                                 
            Accordingly, we analyze petitioners' motion for leave as one                              
            seeking to amend the petition to place an additional taxable year                         
            in issue.  We therefore turn to the scope of this Court's                                 
            jurisdiction.                                                                             
                  The Tax Court is a court of limited jurisdiction, and we                            
            have only such jurisdiction as the Congress has chosen to confer                          
            upon us by statute.  Sec. 7442; Commissioner v. Gooch Milling &                           
            Elevator Co., 320 U.S. 418, 420-422 (1943); Medeiros v.                                   
            Commissioner, 77 T.C. 1255, 1259 (1981).  In a deficiency action,                         
            our jurisdiction depends on 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, supra at 147.                                                               
                  Petitioners argue that they were not aware that the 1995 tax                        
            year was under examination and that respondent should have issued                         
            a single notice for 1993, 1994, and 1995.3  However, petitioners                          


            3  We note, however, that the hearing record includes a copy                              
            of a letter dated Nov. 4, 1996, from the examining revenue agent                          
            stating, in part, that "the 1995 return will need to be examined                          
            and included with the 1993 and 1994 audit."                                               




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

Last modified: May 25, 2011