Michael P. and Dolores A. Gam - Page 10




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          opportunity to petition this Court to redetermine the deficiency.             
          See, e.g., Mulvania v. Commissioner, 81 T.C. 65, 67 (1983);                   
          Frieling v. Commissioner, 81 T.C. 42, 53 (1983).  If the taxpayer             
          files a timely petition (Frieling), or receives the notice of                 
          deficiency early enough to file a timely petition, even if the                
          taxpayer does not file a timely petition (Mulvania), then the                 
          notice of deficiency has satisfied these requirements.                        
               In addition, the statute provides that the mailing of a                  
          notice of deficiency to a taxpayer’s last known address, within               
          the meaning of section 6212(b)(1), is a safe harbor assuring                  
          respondent that the notice is valid for purposes of section                   
          6212(a), even if the notice is not received by the taxpayer                   
          before the 90-day petition period has run.  See DeWelles v.                   
          United States, 378 F.2d at 40; Zenco Engineering Corp. v.                     
          Commissioner, 75 T.C. 318, 321-322 (1980), affd. without                      
          published opinion 673 F.2d 1332 (7th Cir. 1981).                              
               In the instant case, the parties have stipulated that                    
          petitioners did not receive the notice of deficiency that was                 
          mailed on October 22, 1997.  Petitioners finally received a copy              
          of this notice of deficiency on May 17, 1998, long after the                  
          expiration of the 90-day petition period.                                     
               The parties’ stipulations make it clear, and we have found,              
          that the 9-digit ZIP Code address was petitioners’ last known                 
          address.  The address used by respondent for the notice of                    






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