- 10 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011