- 8 - 1988), affg. on other grounds 88 T.C. 1042 (1987). Even if the notice is mailed to the wrong address, it will be valid if the taxpayer receives actual notice of the deficiency and is not unduly prejudiced in timely filing his or her petition. Erhard v. Commissioner, 87 F.3d 273, 275 (9th Cir. 1996), affg. T.C. Memo. 1994-344 (quoting Patmon & Young Profl. Corp. v. Commissioner, 55 F.3d 216, 218 (6th Cir. 1995), affg. T.C. Memo. 1993-143); Frieling v. Commissioner, 81 T.C. 42, 53 (1983). Respondent's motion to dismiss is based on the ground that the petition was not timely filed. This Court will not dismiss the petition as untimely filed unless respondent first establishes that respondent mailed a notice of deficiency to petitioner and proves the date on which the notice was mailed. Pietanza v. Commissioner, 92 T.C. 729, 736 (1989), affd. without published opinion 935 F.2d 1282 (3d Cir. 1991). The record here includes a copy of the notice dated April 13, 1984, that was sent to petitioner as well as a copy of the U.S. Postal Service Form 3877 (For Registered, Insured, C.O.D., Certified, and Express Mail) with an April 13, 1984, postmark date. The legend stamped at the top left-hand side of the Form 3877 states "Statutory Notices of Deficiency, For The Year(s) Indicated, Have Been Sent To The Following Taxpayers". Petitioner's name and the Bell Avenue address appear on the Form 3877 in addition to the redacted names of four other taxpayers. Petitioner has not disputed the mailing of the deficiency noticePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011