Estate of Kestutis Biskis - Page 5




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          F.2d 1237 (9th Cir. 1989); Frieling v. Commissioner, 81 T.C. 42,            
          57 (1983).                                                                  
               A notice of deficiency will be valid if the taxpayer                   
          actually receives the notice in sufficient time to file a timely            
          petition without prejudicial delay.  See Clodfelter v.                      
          Commissioner, 527 F.2d 754, 757 (9th Cir. 1975), affg. 57 T.C.              
          102 (1971); Mulvania v. Commissioner, 81 T.C. 65, 68 (1983).                
          “Providing the taxpayer with actual notice of the deficiency in a           
          timely manner is the essence of the statutory scheme.”  Mulvania            
          v. Commissioner, supra at 68.  We have held that a taxpayer is              
          not prejudiced if he received the notice and had 69 days                    
          remaining in the 90-day period to file a petition.  See Bonty v.            
          Commissioner, T.C. Memo. 1997-372; Bowers v. Commissioner, T.C.             
          Memo. 1991-609; Loftin v. Commissioner, T.C. Memo. 1986-322 (30             
          days remaining).                                                            
               Respondent mailed the notice of deficiency by certified mail           
          to petitioners on October 6, 1999.  Petitioners actually received           
          the notice of deficiency on October 23, 1999, 17 days after the             
          notice was mailed, allowing petitioners 73 days to file a                   
          petition in this Court.  Petitioner immediately forwarded the               
          notice to Mr. Vebeliunas, and a timely petition was filed with              
          this Court.  Accordingly, since petitioners received the notice             
          of deficiency and filed a timely petition with this Court, we               
          conclude the notice of deficiency is valid.  As a result of this            






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