- 36 - Our jurisprudence relating to the validity of notices of deficiency is not applicable to this case. Here we have an unambiguous statute that requires respondent, upon a taxpayer’s request, to hold a hearing. If the hearing is not held there can be no determination, or any purported determination is invalid. Assuming arguendo that the majority were correct in relying on the jurisprudence relating to the validity of notices of deficiency, the majority may not rely only on certain cases to the exclusion of others where we have analyzed the facts and circumstances surrounding the issuance of a notice of deficiency. Those cases include instances where the tax was assessed and paid at the time the notice of deficiency was issued, Estate of Crawford v. Commissioner, 46 T.C. 262 (1966), where the Court must determine whether the notice was sent to the last known address of the taxpayer, Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988), and affected items cases where partners failed to receive notification of the underlying partnership proceeding as required by section 6223(a), Crowell v. Commissioner, 102 T.C. 683 (1994). Applying the foregoing jurisprudence, when considering whether the notice of determination is sufficient to grant us jurisdiction, it is necessary and appropriate to assess whether petitioners had a hearing.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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