- 3 - the postmark on the envelope in which the petition arrived was illegible.3 On April 12, 2002, respondent filed a motion to dismiss for lack of jurisdiction on the ground that the petition was not timely filed. On May 10, 2002, petitioner objected to the granting of this motion. Discussion Our 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)(1); 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 person outside of the United States) from the date that the notice of deficiency is mailed to file a petition in this Court for a redetermination of the deficiency. Sec. 6213(a). 3 We take judicial notice of the facts regarding the mail delivery service to the Court. See also “Mail Delays Addressed”, 15 Daily Tax Rept. (BNA) G-2 (Jan. 23, 2002).Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011