Deborah F. Robinson - Page 7

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          Counsel for respondent appeared at the hearing and presented                
          argument in support of the pending motion.  There was no                    
          appearance by or on behalf of petitioner.                                   
          Discussion                                                                  
               The Court's jurisdiction to redetermine a deficiency depends           
          on the issuance of a valid notice of deficiency and a timely                
          filed petition.  Rule 13(a), (c); Monge v. Commissioner, 93 T.C.            
          22, 27 (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147               
          (1988).  Section 6212(a) expressly authorizes the Commissioner,             
          after determining a deficiency, to send a notice of deficiency to           
          the taxpayer by certified or registered mail.  It is sufficient             
          for jurisdictional purposes if the Commissioner mails the notice            
          of deficiency to the taxpayer at the taxpayer's "last known                 
          address".  Sec. 6212(b); Frieling v. Commissioner, 81 T.C. 42, 52           
          (1983).  If a notice of deficiency is mailed to the taxpayer at             
          the taxpayer's last known address, actual receipt of the notice             
          by the taxpayer is immaterial.  King v. Commissioner, 857 F.2d              
          676, 679 (9th Cir. 1988), affg. 88 T.C. 1042 (1987); Keado v.               
          United States, 853 F.2d 1209, 1211-1212 (5th Cir. 1988); Yusko v.           
          Commissioner, 89 T.C. 806, 810 (1987); Frieling v. Commissioner,            
          supra at 52.  The taxpayer, in turn, generally has 90 days from             
          the date that the notice of deficiency is mailed to file a                  
          petition in this Court for a redetermination of the deficiency.             
          Sec. 6213(a).                                                               






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