- 10 - (4th Cir. 2000), affg. T.C. Memo. 1996-256; Estate of Biskis v. Commissioner, T.C. Memo. 2001-94; Estate of Citrino v. Commissioner, supra. Even if the Commissioner mails the notice of deficiency to a third party and not directly to the taxpayers as section 6212(a) requires, the notice of deficiency is still a valid notice under section 6212 as long as the taxpayer receives actual notice of the proposed deficiency and files a timely petition to contest it. See St. Joseph Lease Capital Corp. v. Commissioner, supra (holding as valid a notice of deficiency not mailed to the taxpayer’s last known address but faxed to the taxpayer’s attorney and challenged by a timely petition); Lifter v. Commissioner, supra at 822-823 (holding as valid a notice of deficiency not mailed to the taxpayers’ last known address, but received by the taxpayers’ attorney and challenged by a timely petition); Brookshire v. Commissioner, T.C. Memo. 1990-258; Estate of Citrino v. Commissioner, supra (holding as valid a notice of deficiency not mailed to the fiduciary’s last known address, but somehow obtained by the taxpayer or his attorney in time to file a timely petition). The estate falls squarely within the aforementioned holdings because the estate received actual notice of the deficiency without prejudicial delay and filed a timely petition contesting the deficiency in this Court. However, the estate contends that we are required by our opinion in Golsen v. Commissioner, 54 T.C.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011