- 4 - 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 daysPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011