Manley Mullings and Melvina Barnes-Mullings - Page 4

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          days from the date a statutory notice of deficiency is mailed to            
          a taxpayer residing in the United States.  Sec. 6213(a).  If a              
          petition is not filed within the 90-day period, this Court does             
          not acquire jurisdiction of the case.  Cataldo v. Commissioner,             
          60 T.C. 522 (1973), affd. per curiam 499 F.2d 550 (2d Cir. 1974).           
               The petition in this case was filed on May 24, 1995.  As               
          indicated above, if there is a valid notice of deficiency and the           
          petition is filed after expiration of the statutory filing                  
          period, the petition must be dismissed for lack of jurisdiction             
          as untimely.  Sec. 6213(a); Rule 13(a), (c); see Monge v.                   
          Commissioner, supra at 27; Abeles v. Commissioner, supra at 1026,           
          1027.  However, if the notice of deficiency is invalid or if no             
          deficiency notice was issued, we will dismiss the case with                 
          respect to either or both years for lack of jurisdiction on that            
          ground.  See Pietanza v. Commissioner, 92 T.C. 729, 735-736                 
          (1989), supplemented by T.C. Memo. 1990-524, affd. without                  
          published opinion 935 F.2d 1282 (3d Cir. 1991).                             
               Petitioners acknowledge that the 1985 notice of deficiency             
          was properly mailed on April 17, 1989, and that they received it            
          without prejudicial delay.  Petitioners do not contend that the             
          1985 notice was insufficient in any respect when it was issued.             
          Instead, petitioners argue that respondent should be estopped               
          from claiming the petition is time-barred on equitable grounds.             
          With respect to the 1986 notice, petitioners dispute that                   
          respondent prepared such notice in 1990 and, in any event,                  




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