- 12 - Respondent therefore sent notices of deficiency to petitioner for each of the years a substitute return was prepared. When a notice of deficiency is mailed, the taxpayer has 90 days to file a petition with the Court for redetermination of the deficiency. Sec. 6213(a). During the 90-day period, the Commissioner is precluded from assessing a deficiency or instituting collection proceedings until the expiration of the 90-day period. Id. If a petition has been filed, the restrictions on assessment and collection are in effect until the decision of the Court has become final. Id. In the case at hand, petitioner did not file a petition within the 90-day period, and respondent proceeded with assessment and collection.5 Respondent assessed the amounts shown on the substitute returns after the 90-day period expired. “Assessment” is effected by the recording of the taxpayer’s liability in the appropriate office of the Commissioner. Sec. 6203. After recording the taxpayer’s liability, respondent may proceed with collection by giving notice to the taxpayer liable for the unpaid tax, stating the amount and demanding payment. Such notice and demand is to be given “as soon as practicable, and within 60 days,” of the assessment. Sec. 6303(a). The so-called notice 5As discussed in connection with our analysis of petitioner’s request for administrative and litigation costs, infra, petitioner did not file a petition in response to any of the notices of deficiency. Respondent concedes that he did not mail the notices to petitioner’s last known address.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011