Keith Lee Wilson - Page 12

                                        - 12 -                                         

          District Court discounted that testimony in light of all the                 
          facts and circumstances, noting that the letter carrier could not            
          recall delivering the specific notice of deficiency.  The court              
          held that the misaddressed notice of deficiency was invalid.                 
               The misaddressed notice of deficiency mailed to petitioner              
          in this case failed to notify him that a deficiency had been                 
          determined and thus deprived him of the opportunity to petition              
          this Court for a redetermination of the deficiency.  See Frieling            
          v. Commissioner, 81 T.C. at 52.  Had the notice of deficiency not            
          been misaddressed, it would have been valid whether or not                   
          petitioner received it.  Lifter v. Commissioner, 59 T.C. 818                 
          (1973).                                                                      
               This is not a case where a taxpayer refused to accept                   
          delivery of a notice of deficiency or refused to collect such a              
          notice from the post office.  Indeed, shortly after the mailing              
          of the subject notice of deficiency, respondent mailed another               
          notice of deficiency for other years to petitioner’s correct                 
          address, and petitioner accepted delivery of that notice and                 
          timely filed a petition with this Court.  Rather, petitioner was             
          prejudiced by the fact that respondent's error prevented him from            
          becoming aware that the notice of deficiency had been mailed                 
          until after the time for filing a petition had passed.                       
               Accordingly, on the basis of the facts and circumstances of             
          this case and the foregoing analysis, we shall deny respondent's             
          Motion to Dismiss for Lack of Jurisdiction for the years 1987,               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011