- 19 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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