- 5 - authorizes the Commissioner, after determining a deficiency, to send a notice of deficiency to the taxpayer by certified or registered mail. A notice of deficiency is sufficient if it is mailed to the taxpayer at the taxpayer's last known address. See sec. 6212(b)(1). If the notice is mailed to the taxpayer at the taxpayer's last known address, actual receipt of the notice by the taxpayer is immaterial. See King v. Commissioner, 857 F.2d 676, 679 (9th Cir. 1988), affg. 88 T.C. 1042 (1987); Yusko v. Commissioner, 89 T.C. 806, 810 (1987); Frieling v. Commissioner, 81 T.C. 42, 52 (1983). In turn, the taxpayer has 90 days or, as here, 150 days if the notice is addressed to a person outside the United States,3 from the date that the notice is mailed to file a petition for a redetermination of the deficiency. See sec. 6213(a); see also sec. 7502 (treating timely mailing as timely filing). It is clear in the present case that the petition was not filed in respect of either notice of deficiency within the requisite 150-day period. Petitioner suggests, however, that his status as an active-duty member of the Armed Forces entitled him to a greater period within which to file his petition. 3 In Looper v. Commissioner, 73 T.C. 690, 692-696 (1980), we held that the phrase “outside the United States” modifies both “addressed” and “person”. Accordingly, petitioner was entitled to the 150-day period to file a petition because he was “outside the United States” at the time that each notice of deficiency was mailed.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011