Sandra L. Andary-Stern - Page 12




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          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.                        




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