- 4 - income tax returns, Forms 1040, for 1998 and 1999. The 1998 return, which was filed in April 1999, lists the Grasonville address as petitioner’s then current address; in contrast, the 1999 return, which was filed in April 2000, lists the Baltimore address as petitioner’s then current address. At the hearing, petitioner stated that she moved from the Grasonville address to the Baltimore address in late November 1999 and that she moved from the Baltimore address to the Pasadena address in December 2000. 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. 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,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011