- 6 - 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 aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011