- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011