- 2 - Respondent contends that the notice was sent by certified mail and that, even if it were not, the notice is valid because petitioner actually received the notice and timely filed a petition. Background At the time the petition in this case was filed, petitioner resided in Forestville, Maryland. The notice of deficiency was mailed on March 21, 1997, to petitioner's Forestville address. It is unclear from the record when petitioner actually received the notice of deficiency, but petitioner admits to receiving the notice sometime in May of 1997. The petition was timely filed on June 17, 1997, within 90 days of respondent's mailing of the notice of deficiency on March 21, 1997. 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, 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 1(...continued) effect for the years at issue.Page: Previous 1 2 3 4 Next
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