Donna J. Hendley - Page 5




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          Discussion                                                                  
               This Court's jurisdiction to redetermine a deficiency                  
          depends upon the issuance of a valid notice of deficiency and a             
          timely filed petition.  See 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 the 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).  The taxpayer, in turn,             
          generally has 90 days from the date the notice of deficiency is             
          mailed to file a petition in this Court for a redetermination of            
          the deficiency.  See sec. 6213(a).                                          
          There is no dispute that respondent mailed the notice of                    
          deficiency to petitioner at her last known address on January 6,            
          2000.  Accordingly, the 90-day period for filing a timely                   
          petition with the Court expired on Wednesday, April 5, 2000.  See           
          sec. 6213(a).  The petition in this case was not filed until                
          April 7, 2000.                                                              
               Although the petition was not timely filed, petitioner                 
          maintains that the petition was mailed to the Court on April 5,             
          2000-–the 90th day after the mailing of the notice.  Petitioner             





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