Keith K. Stroupe - Page 8

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          Discussion                                                                  
               This 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 a 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 is immaterial.  King v. Commissioner, 857 F.2d 676,              
          679 (9th Cir. 1988), affg. 88 T.C. 1042 (1987); Yusko v.                    
          Commissioner, 89 T.C. 806, 810 (1987); Frieling v. Commissioner,            
          supra at 52.  Hence, a notice of deficiency that is returned to             
          the Commissioner by the Postal Service as "undeliverable" is                
          valid irrespective of its lack of receipt, as long as it is sent            
          to the taxpayer at the taxpayer's last known address.  Gille v.             
          United States, 33 F.3d 46, 48 (10th Cir. 1994).  The taxpayer, in           
          turn, has 90 days (or 150 days if the notice is addressed to the            
          taxpayer outside the United States) from the date that the notice           
          of deficiency is mailed to file a petition with this Court for a            
          redetermination of the deficiency.  Sec. 6213(a).                           




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