- 9 - lack of jurisdiction petitioner's request for a redetermination of the 1992 and 1993 income tax deficiencies as well as the 1992-95 section 4975 excise tax deficiencies. Discussion The jurisdiction of this Court to redetermine a deficiency depends upon the issuance of a valid notice of deficiency and a timely filed petition. Rule 13(a) and (c); Levitt v. Commissioner, 97 T.C. 437, 441 (1991); Monge v. Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988). In essence, petitioner contends that the second and third deficiency notices were not valid because they were issued beyond the limitations period, and respondent contends that we do not have jurisdiction to consider the second and third deficiency notices because there was no indication that respondent's determinations set forth therein were being contested in a timely filed petition (i.e., the January 2, 1997, petition). We shall first consider respondent's motion to dismiss for lack of jurisdiction. The Rules of this Court provide that Ordinarily, a separate petition shall be filed with respect to each notice of deficiency or each notice of liability. However, a single petition may be filed seeking a redetermination with respect to all notices of deficiency or liability directed to one person alone or to such person and one or more other persons or to a husband and a wife individually, except that the Court may require a severance and a separate case to be maintained with respect to one or more of such notices. Where the notice of deficiency or liability is directed to morePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011