- 8 - We now turn to petitioners' alternative contention that the revised examination report dated June 4, 1997, constitutes a second notice of deficiency. In this regard, petitioners point out that their petition was timely filed if measured from the date of mailing of such letter. It is well established that the Court lacks jurisdiction over a petition that is filed with respect to a letter from the Commissioner to the taxpayer that was not intended to constitute a notice of deficiency. See Lerer v. Commissioner, 52 T.C. 358, 362-366 (1969); Schoenfeld v. Commissioner, T.C. Memo. 1993-303, n.2. In applying this principle in the present case, we are satisfied that respondent did not intend for the revised examination report to be considered a notice of deficiency. Rather, the report merely served to advise petitioners that respondent had considered the information that petitioners had furnished and had concluded that such information provided adequate substantiation for a small reduction in the amount of the determination previously made. The notice of deficiency dated April 28, 1997 states in clear language that "This letter is a NOTICE OF DEFICIENCY * * *. * * * you have 90 days from the above mailing date of this letter * * * to file a petition with the United States Tax Court". We note that there is no record of a transmittal letter having been sent with the revised examination report dated June 4, 1997. Thus, there is nothing inPage: Previous 1 2 3 4 5 6 7 8 9 Next
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