Keith K. Stroupe - Page 2

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          and adopts the Opinion of the Special Trial Judge, which is set             
          forth below.                                                                
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               ARMEN, Special Trial Judge:  This case is before the Court             
          on the parties' cross motions to dismiss for lack of                        
          jurisdiction.  Petitioner's motion is premised on the ground that           
          respondent failed to send a valid notice of deficiency to                   
          petitioner at his last known address.  Respondent's motion is               
          premised on the ground that petitioner failed to file a timely              
          petition in response to a valid notice.  Because the jurisdiction           
          of this Court is limited by statute and attaches only upon the              
          issuance of a valid notice of deficiency and the timely filing of           
          a petition, this case must be dismissed for lack of jurisdiction.           
          The only question is on whose motion it will be dismissed.  Where           
          jurisdiction is lacking because of the Commissioner's failure to            
          issue a valid notice of deficiency, we dismiss on that ground,              
          rather than on the ground that the taxpayer failed to file a                
          timely petition.  Shelton v. Commissioner, 63 T.C. 193 (1974);              
          O'Brien v. Commissioner, 62 T.C. 543, 548 (1974); Heaberlin v.              
          Commissioner, 34 T.C. 58, 59 (1960); see Brannon's of Shawnee,              
          Inc. v. Commissioner, 69 T.C. 999 (1978) (the Court has                     
          jurisdiction to decide issues regarding its jurisdiction).                  
          Background                                                                  
               Petitioner resided in Wichita, Kansas, at the time that his            
          petition was filed in this case.                                            




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