Gwendolyn A. Ewing - Page 23




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          determination.  Respondent points out that the petition would               
          have been timely if mailed on the date shown on the petition.               
          Respondent notes that cases involving a notice of deficiency have           
          recognized that actual receipt of the notice without prejudicial            
          delay is sufficient for the notice to be effective even though              
          not sent to the taxpayer’s last known address.  Assuming that               
          this rationale could have some application in deciding when the             
          90-day period referred to in section 6015(e)(1)(A)(ii) begins, we           
          find that the improperly addressed notice did result in                     
          prejudicial delay.                                                          
               In a deficiency proceeding, our jurisdiction 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).  Section 6212(a) authorizes the Commissioner to send a              
          notice of deficiency to a taxpayer by certified mail or                     
          registered mail.  The taxpayer must generally file a petition to            
          this Court within 90 days after the date the notice of deficiency           
          is mailed.  Sec. 6213(a).  Section 6212(b)(1) provides that it              
          “shall be sufficient” for jurisdictional purposes if the                    
          Commissioner mails the notice of deficiency to the taxpayer at              
          the taxpayer’s last known address.  Frieling v. Commissioner, 81            
          T.C. 42, 52 (1983).  It is well settled that, although a                    
          deficiency notice properly mailed to a taxpayer’s last known                
          address provides the Commissioner with a “safe harbor” under                






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