Juan El Khouri and Kitty Hunter - Page 6




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          argument in support of the motion to dismiss, as supplemented.              
          In particular, counsel argued that petitioners are not entitled             
          to relief under section 7508A and that the petition in this case            
          should be dismissed on the ground that it was not timely filed.             
          There was no appearance by or on behalf of petitioners at the               
          hearing, nor did petitioners file any statement pursuant to Rule            
          50(c).  However, after the hearing, petitioners filed an                    
          objection to respondent’s motion in which they state that the               
          petition mailed to the Court on September 15, 2001, was sent by             
          regular, first-class mail and that they are therefore unable to             
          provide the Court with documentary proof of mailing.                        
                                     Discussion                                       
               The Tax Court is a court of limited jurisdiction.  The                 
          Court’s jurisdiction to redetermine a deficiency depends on the             
          issuance of a valid notice of deficiency and a timely filed                 
          petition.  Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22, 27           
          (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988).              
          Section 6212(a) expressly authorizes the Commissioner, after                
          determining a deficiency, to send a notice of deficiency to the             
          taxpayer by certified or registered mail.  It is sufficient for             
          jurisdictional purposes if the Commissioner mails the notice of             
          deficiency to the taxpayer’s “last known address”.  Sec. 6212(b);           
          Frieling v. Commissioner, 81 T.C. 42, 52 (1983).  The taxpayer,             
          in turn, has 90 days (or 150 days if the notice is addressed to a           






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