- 6 - The petition arrived at the Court in an envelope postmarked November 26, 1997, and was filed by the Court on December 1, 1997. Given that the petition was neither mailed nor filed before the expiration of the 90-day statutory period for filing a timely petition, it follows that we lack jurisdiction over the petition. Secs. 6213(a) and 7502; Rule 13(a), (c); see Normac, Inc. v. Commissioner, supra. The question presented is whether dismissal of this case should be premised on petitioners' failure to file a timely petition under section 6213(a) or on respondent's failure to issue a valid notice of deficiency under section 6212. Petitioners contend that they did not receive the notice of deficiency and that the notice is invalid because it was not mailed to their last known address. Although the phrase "last known address" is not defined in the Internal Revenue Code or in the regulations thereunder, we have held that a taxpayer's last known address is the address shown on the taxpayer's most recently filed return, absent clear and concise notice of a change of address. Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988); see King v. Commissioner, supra at 681. Although a taxpayer is obliged to provide respondent with clear and concise notice of a change of address, respondent must exercise reasonable care and due diligence in ascertaining the taxpayer's correct address. KingPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011