- 9 - this record indicating that petitioners were advised that the revised examination report constituted a notice of deficiency or that petitioners had additional time to file a petition. Consequently, we hold that the revised examination report does not constitute a second notice of deficiency. Conclusion Because petitioners did not file their petition with the Court within the time prescribed by sections 6213(a) and 7502, we lack jurisdiction to redetermine petitioners' tax liability for the year in issue. Accordingly, we must grant respondent's motion to dismiss for lack of jurisdiction.4 To reflect the foregoing, An order granting respondent's motion to dismiss for lack of jurisdiction will be entered. 4 Although petitioners cannot pursue their case in this Court, they are not without a judicial remedy. Specifically, they may pay the tax, file a claim for refund with the Internal Revenue Service, and, if their claim is denied, sue for a refund in the appropriate Federal District Court or the United States Court of Federal Claims. McCormick v. Commissioner, 55 T.C. 138, 142 (1970).Page: Previous 1 2 3 4 5 6 7 8 9
Last modified: May 25, 2011