Emmitt Haskell Pack - Page 7




                                        - 7 -                                         
          Discussion                                                                  
               The Tax Court, like all Federal courts, is a court of                  
          limited jurisdiction, and we may exercise our jurisdiction only             
          to the extent authorized by Congress.  Naftel v. Commissioner, 85           
          T.C. 527, 529 (1985).  The Court's jurisdiction to redetermine a            
          deficiency depends upon 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             
          at the taxpayer's "last known address".  Sec. 6212(b); Frieling             
          v. Commissioner, 81 T.C. 42, 52 (1983).  If a notice of                     
          deficiency is mailed to the taxpayer at the taxpayer's last known           
          address, actual receipt of the notice by the taxpayer is                    
          immaterial.  King v. Commissioner, 857 F.2d 676, 679 (9th Cir.              
          1988), affg. 88 T.C. 1042 (1987); Yusko v. Commissioner, 89 T.C.            
          806, 810 (1987); Frieling v. Commissioner, supra at 52.  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.                   






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