Lone Star Life Insurance Company - Page 19

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          However, considering that Hibiscus and petitioner shared                    
          corporate officers and the same address, we are satisfied that              
          delivery of the April 11, 1996, notice of deficiency to                     
          petitioner also served to provide Hibiscus with timely notice of            
          respondent's determination to deal directly with petitioner in              
          respect of its tax liabilities for the years in issue within the            
          meaning of section 1.1502-77(a), Income Tax Regs.9  Consequently,           
          we conclude that the April 11, 1996, notice of deficiency is                
          valid.  INI, Inc. v. Commissioner, supra.                                   
               Section 6212(c) provides that, with exceptions not                     
          applicable here, if the Secretary has mailed to the taxpayer a              
          notice of deficiency, and the taxpayer files a timely petition              
          with the Tax Court, the Secretary shall have no right to issue a            
          further notice of deficiency to the taxpayer for the same taxable           
          year.  See McCue v. Commissioner, 1 T.C. 986, 987-988 (1943).               
          Consistent with our holding that the April 11, 1996, notice of              
          deficiency is valid, and considering petitioner's timely petition           
          for redetermination assigned docket No. 14781-96, it follows that           
          the December 30, 1996 notice of deficiency is an invalid second             
          notice of deficiency within the meaning of section 6212(c).                 
          McCue v. Commissioner, supra.  Accordingly, we will grant                   
          petitioner's Motion to Dismiss for Lack of Jurisdiction filed in            


          9  The parties agree that Hibiscus had actual or                            
          constructive notice of the Apr. 11, 1996, notice of deficiency by           
          Apr. 18, 1996.                                                              




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