- 6 - When petitioners’ 1994 Federal income tax return was prepared and timely filed, the address shown on that return was the Scenic Ridge address. At the time of the mailing of the 1994 notice of deficiency, respondent’s computer records reflected the Scenic Ridge address. As indicated, respondent filed a Motion to Dismiss 1994 for Lack of Jurisdiction on the ground that the petition was not filed within the 90-day period prescribed in section 6213(a). Petitioners filed an objection to respondent's motion to dismiss, alleging that respondent failed to mail the original deficiency notice by registered or certified mail to their last known address. Discussion This Court's jurisdiction to redetermine a deficiency depends upon the timely 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). It is clear that the petition and amended petition were filed more than 90 days after the mailing of the 1994 notice of deficiency. Consequently, we must dismiss that year for lack of jurisdiction. However, we first determine whether respondent issued a valid notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011