- 11 - his petition within the time prescribed by section 6213(a) or section 7502, we lack jurisdiction to redetermine the deficiency for 1999, and we must grant respondent's motion to dismiss for lack of jurisdiction as to that year.7 B. Taxable Year 2000 Petitioner admits that he “has never received any notice of deficiency” for 2000, and respondent adamantly asserts that no notice of deficiency or other jurisdictionally-relevant notice has been issued to petitioner for that taxable year. There is nothing in the record to belie respondent’s assertion. In the absence of a valid notice, this Court lacks jurisdiction. Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22 (1989); Normac, Inc. v. Commissioner, 90 T.C. 142 (1988). Thus, in the present case, we lack jurisdiction over the taxable year 2000, and we must therefore grant respondent's motion to dismiss for lack of jurisdiction as to that year. 7 Although petitioner cannot pursue his case for 1999 in this Court, he is not without a judicial remedy. Specifically, petitioner may pay the tax, file a claim for refund with the Internal Revenue Service, and, if his claim is denied, sue for a refund in the appropriate Federal District Court or the U.S. Court of Federal Claims. See McCormick v. Commissioner, 55 T.C. 138, 142 (1970). Finally, we note that the granting of respondent’s motion to dismiss for lack of jurisdiction will in no way preclude the parties from administratively resolving the substantive issues for 1999, an approach that respondent has offered to pursue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011