Jeffrey Christopher Sprankle - Page 4




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          address.  The notice was received at that address and returned to           
          respondent by the Postal Service stamped "Attempted Not Known".             
          Handwriting on the envelope states:  "RTS [return to sender] NOT            
          HERE RELEASED".  No forwarding address was stated on the                    
          envelope.  Petitioner received a copy of the notice of deficiency           
          on April 29, 1999.                                                          
               The Court's jurisdiction to redetermine a deficiency depends           
          upon the issuance of a valid notice of deficiency and a timely              
          filed petition.  Rule 13(a), (c); Monge v. Commissioner, 93 T.C.            
          22, 27 (1989).  Pursuant to section 6213(a), the taxpayer has 90            
          days (or 150 days if the notice is addressed to a person outside            
          of the United States) from the date that the notice of deficiency           
          is mailed to file a petition with the Court for a redetermination           
          of the deficiency.                                                          
               The notice of deficiency was mailed on September 9, 1998,              
          and the 90-day period ended on December 8, 1998, which was not a            
          legal holiday in the District of Columbia.  Petitioner mailed his           
          petition on May 22, 1999, and it was filed with this Court on May           
          26, 1999.                                                                   
               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.  A notice of deficiency           
          is sufficient if it is mailed to the taxpayer at the taxpayer's             
          "last known address".  Sec. 6212(b)(1).  If a notice of                     






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