- 3 - Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988). A petition for redetermination of a deficiency must be filed with this Court within 90 days (or 150 days if the notice is addressed to a person outside the United States) after the notice of deficiency is mailed to the taxpayer. See sec. 6213(a). The time in which a petition must be filed is jurisdictional and cannot be extended. Failure to file within the prescribed period requires that the case be dismissed for lack of jurisdiction. See Estate of Cerrito v. Commissioner, 73 T.C. 896, 898 (1980); Stone v. Commissioner, 73 T.C. 617, 618 (1980). Here, the 90-day period for filing a timely petition under section 6213(a) expired on Thursday, January 22, 1998, which date was not a legal holiday in the District of Columbia. The petition was mailed to the Court on December 29, 2000, a date which is 1,162 days after the mailing of the notices. Although petitioner may not have actually received the notices of deficiency until October 22, 2000, a fact that he asserts but that we do not find, the statutory 90-day period begins to run where, as here, respondent mails the notices to petitioner’s last known address; i.e., the address shown on his most recently filed return. See King v. Commissioner, 857 F.2d 676, 679 (9th Cir. 1988), affg. 88 T.C. 1042 (1987); Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988). In this regard, respondent’s records reveal that petitioner’s 1992 Federal income tax return was the returnPage: Previous 1 2 3 4 5 Next
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