- 6 - v. Commissioner, 90 T.C. 142, 147 (1988). The taxpayer has 90 days from the date the notice of deficiency is mailed (150 days if the notice is mailed to a taxpayer outside of the United States) to file a petition in this Court for a redetermination of the deficiency. Sec. 6213(a); Estate of Moffat v. Commissioner, 46 T.C. 499, 501 (1966); Lundy v. Commissioner, supra. There is no dispute that respondent mailed a valid notice of deficiency to petitioners, or that the date of mailing was July 31, 1997. The question to be resolved is whether petitioners were required to file the petition with this Court within 90 days from the date of the mailing of the notice of deficiency, or whether they were entitled to the 150-day period. Section 6213(a) provides in pertinent part: SEC. 6213(a). Time For Filing Petition and Restriction on Assessment.--Within 90 days, or 150 days if the notice is addressed to a person outside the United States, after the notice of deficiency authorized in section 6212 is mailed * * *, the taxpayer may file a petition with the Tax Court for a redetermination of the deficiency. * * * The 90-day period for filing the petition with this Court expired on Wednesday, October 29, 1997. The petition was received and filed by this Court on November 26, 1997, 118 days after the mailing of the notice of deficiency. As the petition was filed after October 29, 1997, we will have jurisdiction in this matter only if petitioner is entitled to the 150-day filing period prescribed by section 6213(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011