Patrick Anthony Masino - Page 4

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            office of pretrial services of his Van Nuys address.  Petitioner                            
            was not incarcerated when the notice of deficiency was issued.                              
                  Petitioner contends that for purposes of section 6212(b)(1),                          
            his last known address is the Van Nuys address.  Respondent                                 
            argues that the Van Nuys address is not petitioner's last known                             
            address and that a notice of deficiency was mailed to                                       
            petitioner's last known address.  Alternatively, respondent                                 
            contends that petitioner actually received the notice of                                    
            deficiency without prejudicial delay and had ample time to file a                           
            petition within 90 days from the date the notice of deficiency                              
            was mailed.                                                                                 
            Discussion                                                                                  
                  The jurisdiction of this Court to redetermine a tax                                   
            deficiency depends upon the issuance of a valid notice of                                   
            deficiency and the timely filing of a petition.  Secs. 6212 and                             
            6213; Abeles v. Commissioner, 91 T.C. 1019, 1025 (1988); Pyo v.                             
            Commissioner, 83 T.C. 626, 632 (1984).  A petition is timely if                             
            it is filed within 90 days after the notice of deficiency was                               
            mailed to a person within the United States.  Sec. 6213(a).                                 
            Under conditions set forth in section 7502, for purposes of                                 
            computing the 90-day filing period, timely mailing of the                                   
            petition by the taxpayer is timely filing.  When a petition is                              
            not filed within the 90-day period, the case must be dismissed                              
            for lack of jurisdiction if the notice of deficiency is valid.                              
            Pugsley v. Commissioner, 749 F.2d 691, 692 (11th Cir. 1985).                                
            Petitioner did not mail the petition in this case within 90 days                            


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