Thomas Gerald Roots and Linda Vesta Roots - Page 4




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          for 1991 instead of 1992; and (2) the notice of deficiency was              
          untimely because the period for assessment had expired on                   
          December 31, 1997, more than 5 months before the notice of                  
          deficiency was issued.                                                      
          1. Jurisdiction                                                             
               This Court's jurisdiction to redetermine a deficiency                  
          depends on respondent's sending a notice of deficiency to a                 
          taxpayer and that taxpayer's filing with this Court a timely                
          petition that we redetermine the deficiency determined against              
          that taxpayer in that notice of deficiency.  See Normac, Inc. &             
          Normac International v. Commissioner, 90 T.C. 142, 147 (1988),              
          and authorities there cited.  In the instant case, respondent did           
          determine a deficiency against petitioners for 1991 income tax              
          and additions to tax, and petitioners filed a timely petition,              
          asking this Court to redetermine that deficiency and those                  
          additions to tax.                                                           
               This Court is not deprived of jurisdiction even if                     
          respondent erred in one or more of the adjustments in the notice            
          of deficiency.  Jurisdiction depends on whether respondent                  
          determined a deficiency, not on whether respondent was correct.             
          See, e.g., Bowman v. Commissioner, 17 T.C. 681, 685 (1951).                 
               Also, in a deficiency dispute the assertion of the bar of              
          the statute of limitations is an affirmative defense and not a              
          jurisdictional matter.  See Tapper v. Commissioner, 766 F.2d 401,           





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