Donna C. Clevenger - Page 7

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          addressed to petitioner or her husband because she "only received           
          mail at her post office box".                                               
               Petitioner's second witness, Melinda Hayes (Hayes),                    
          testified that she, her mother, and her brother resided at the              
          Bell Avenue address from December 1983 until June 1984.                     
          Accordingly, Hayes allegedly was living at the Bell Avenue                  
          address when the notice of deficiency was issued to petitioner.             
          Hayes testified that during the time she claims she resided at              
          the Bell Avenue address, she never received any mail that was               
          addressed to petitioner or her husband.  Hayes claimed that her             
          family actually received mail at the Bell Avenue address.  At the           
          time of the hearing, Hayes was petitioner's daughter-in-law.                
          Discussion                                                                  
               The jurisdiction of this Court is governed by statute.  Sec.           
          7442.  A valid notice of deficiency and a timely filed petition             
          are essential to our deficiency jurisdiction.  Secs. 6212 and               
          6213; Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22, 27                
          (1989); Abeles v. Commissioner, 91 T.C. 1019, 1025 (1988).  Under           
          section 6212, a notice of deficiency is sufficient if it is                 
          mailed to the taxpayer's last known address by certified or                 
          registered mail.  Sec. 6212(a) and (b).  "A notice of deficiency            
          is valid if it is mailed to the taxpayer's last known address               
          even if it is not received by the taxpayer."  Williams v.                   
          Commissioner, 935 F.2d 1066, 1067 (9th Cir. 1991), affg. T.C.               
          Memo. 1989-439; King v. Commissioner, 857 F.2d 676, 681 (9th Cir.           




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