Randal W. Howard - Page 5

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          is untimely with respect to the notices of deficiency for the               
          taxable years 1989, 1990, and 1991.                                         
               This matter was called for hearing at the Court's motions              
          session in Washington, D.C.  Counsel for respondent appeared at             
          the hearing and offered argument in support of the pending                  
          motion.  Although petitioner did not appear at the hearing, he              
          did file a written statement with the Court pursuant to Rule                
          50(c).                                                                      
          Discussion                                                                  
               The Tax Court is a court of limited jurisdiction, and we may           
          exercise our jurisdiction only to the extent authorized by                  
          Congress.  Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  Our            
          jurisdiction to redetermine a deficiency depends upon the                   
          issuance of a valid notice of deficiency and a timely filed                 
          petition.  Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22, 27           
          (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988).              
               Section 6212(a) expressly authorizes the Commissioner, after           
          determining a deficiency, to send a notice of deficiency to the             
          taxpayer by certified or registered mail.  The taxpayer, in turn,           
          generally has 90 days from the date the notice of deficiency is             



          3(...continued)                                                             
          under ch. 7.  The petition contesting the notice of deficiency              
          for 1993 was timely mailed to the Court on Sept. 4, 1997, exactly           
          150 days after the bankruptcy court entered its order of                    
          discharge with respect to petitioner's bankruptcy petition under            
          ch. 7.  Sec. 6213(f).                                                       




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