- 6 - copy of Notice 1214, which is attached to the copy of the notices mailed to the Willow address. Petitioners draw from this fact that Notice 1214 was mailed only to the Willow address. Contrary to petitioners’ assertion, the mere fact that respondent’s file contains only one copy of Notice 1214 does not mean that respondent sent only one copy of that notice to them. Certain of respondent’s employees testified credibly that only one copy of Notice 1214 is kept in the file of a taxpayer (or taxpayers in the case of a joint return), notwithstanding the number of copies of that notice that are actually sent to the taxpayer(s). We conclude and hold that the notices of deficiency mailed to petitioners’ last known address were valid. In so concluding, we reject without further discussion petitioners’ assertion that all information required by section 6212(a) must be included on the face of the notice of deficiency in order to comply with that section. Petitioners argue alternatively that their petition to this Court was timely because they filed the lawsuit in the District Court within the applicable 90-day period. We disagree. The fact that a taxpayer files a lawsuit in a Federal District Court challenging a notice of deficiency does not mean that a later petition to this Court is considered filed as of the earlier filing in District Court. See Brave v. Commissioner, 65 T.C. 1001 (1976); see also exhibit 3 (Notice of deficiency issued toPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011