Deborah F. Robinson - Page 8

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               Respondent's Motion To Dismiss: Taxable Years 1988, 1989,              
          and 1991                                                                    
          There is no question that the notices of deficiency for                     
          1988, 1989, and 1991 were mailed to petitioner on August 26,                
          1991, February 23, 1993, and October 1, 1993, respectively.                 
          Further, there is no question that the petition was not filed               
          until May 27, 1997, well after the expiration of each of the 90-            
          day periods for filing a timely petition.  Accordingly, it                  
          follows that we must dismiss this case for lack of jurisdiction             
          insofar as the 1988, 1989, and 1991 taxable years are concerned.            
          However, in view of petitioner's assertion that the notices of              
          deficiency for those years were not mailed to petitioner at her             
          last known address, the issue presented is whether the dismissal            
          of those 3 years should be based on petitioner's failure to file            
          a timely petition under section 6213(a) or respondent's failure             
          to issue a valid notice of deficiency under section 6212.  If               
          jurisdiction is lacking because of respondent's failure to issue            
          a valid notice of deficiency, we will dismiss on that ground,               
          rather than for lack of a timely-filed petition.  Pietanza v.               
          Commissioner, 92 T.C. 729, 735-736 (1989), affd. without                    
          published opinion 935 F.2d 1282 (3d Cir. 1991); Weinroth v.                 
          Commissioner, 74 T.C. 430, 435 (1980); Keeton v. Commissioner, 74           
          T.C. 377, 379-380 (1980).                                                   








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