- 6 - or collection (without assessment) of any tax, including income taxes (the period of limitations). The running of the period of limitations, however, is suspended under section 6503(a)(1) by “the mailing of a notice under section 6212(a)”. Section 6212(a) authorizes the Secretary, upon determining that there is a deficiency in income tax, to send a notice of deficiency “to the taxpayer by certified mail or registered mail.” Section 6212(b)(1) provides that a notice of deficiency in respect of an income tax “shall be sufficient” if it is “mailed to the taxpayer at his last known address”. The parties have stipulated that the notice was mailed to petitioner by certified mail less than 3 years after the 1996 Form 1040 was filed. If the notice was mailed to petitioner at her last known address, it was sufficient to suspend the running of the period of limitations for 1996. The address to which the notice was sent corresponds to the address on the 1996 Form 1040 and to petitioner’s address on the petition. Petitioner does not claim that the notice was not mailed to her last known address, and we conclude that the notice was mailed to petitioner at her last known address. The period of limitations for 1996 did not expire before the mailing of the notice, and that period was suspended by the mailing. Summary adjudication is appropriate in respondent’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011