- 5 - Discussion This Court's jurisdiction to redetermine a deficiency depends upon 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, 90 T.C. 142, 147 (1988). Section 6212(a) expressly authorizes the Commissioner, after determining a deficiency, to send a notice of deficiency to the taxpayer by certified or registered mail. It is sufficient for jurisdictional purposes if the Commissioner mails the notice of deficiency to the taxpayer at the taxpayer's "last known address". Sec. 6212(b); Frieling v. Commissioner, 81 T.C. 42, 52 (1983). The taxpayer, in turn, has 90 days (or 150 days if the notice is addressed to a person outside of the United States) from the date that the notice of deficiency is mailed to file a petition in this Court for a redetermination of the deficiency. Sec. 6213(a). Based upon the Postal Service Form 3877 attached to respondent's motion to dismiss, and petitioner's statement in his petition that he received the notice of deficiency in August 1996, we are satisfied that respondent mailed the notice of deficiency to petitioner on July 26, 1996. See Coleman v. Commissioner, 94 T.C. 82, 90-91 (1990). Moreover, the fact that petitioner received an undated notice of deficiency does not preclude respondent from asserting that the petition was notPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011