-10- We conclude our survey of the case law in this area with a brief mention of the line of cases involving undated notices of deficiency. See Hurst, Anthony & Watkins v. Commissioner, 1 B.T.A. 26 (1924); and Casqueira v. Commissioner, T.C. Memo. 1981- 428. We have uniformly analyzed these cases by applying the normal rule that the date of mailing is the date that the notice of deficiency is actually placed in the mail. Cf. Donoghue v. Commissioner, T.C. Memo. 1977-276 (90-day period computed from actual date of mailing where notice of deficiency was actually mailed March 18, 1976, but erroneously dated March 18, 1975). Respondent contends that the date that the notice of deficiency was actually mailed in this case is controlling for purposes of computing the 90-day period for filing a petition with the Court, and that it was unreasonable for petitioner to rely on any other date in filing his petition. Relying on cases such as Loyd v. Commissioner, supra, and Jones v. Commissioner, supra, petitioner counters that it has been the Court's practice to permit a taxpayer to use the best date available under the circumstances in computing the 90-day period for filing a petition with the Court. Because the notice of deficiency that he received was incorrectly dated, petitioner contends that he should be permitted to rely on the date that he actually received the notice of deficiency (as the best date available to him) in computing the 90-day period for filing a petition with the Court.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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