William R. Duren - Page 6

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          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 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).                                                                    
          1996 and 1999                                                               
               In the objection to the motion to dismiss, petitioner did              
          not object to the dismissal of 1996 and 1999.  At the hearing,              
          petitioner agreed with respondent that he was not issued and did            
          not receive a notice of deficiency for 1996 or 1999 and that the            
          motion to dismiss should be granted for those years.                        
          Accordingly, we shall grant the motion to dismiss with regard to            
          1996 and 1999.                                                              
          1997                                                                        
               On August 4, 1999, respondent mailed the notice of                     
          deficiency for 1997 to petitioner.4  On November 28, 2001,                  


               4  As of the date of the mailing of the notice of                      
          deficiency, sec. 301.6212-2, Proced. & Admin. Regs., regarding              
          the definition of “last known address”, was neither final nor               
          proposed.  See 66 Fed. Reg. 2820 (Jan. 12, 2001) (final                     
          regulation); 64 Fed. Reg. 63768 (Nov. 22, 1999) (proposed                   
          regulation).                                                                





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