- 4 - contested the key facts and documents.1 Discussion Our jurisdiction to redetermine deficiencies exists only when the Commissioner issues a notice of deficiency and a taxpayer files a timely petition to redetermine that deficiency. Rule 13(a),(c); Monge v. Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988). The Internal Revenue Code says that a notice of deficiency shall be “sufficient” if “mailed to the taxpayer at his last known address.” Sec. 6212(b)(1).2 There is no statutory definition of “last known address,” and the resulting gap has been filled with a “plethora of caselaw decided by this and other courts.” Marks v. Commissioner, T.C. Memo. 1989-575, affd. 947 F.2d 983 (D.C. Cir. 1991).3 In Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988), we 1 The most important fact that the parties did not stipulate is whether petitioner ever received a notice of deficiency. Petitioner testified at the short hearing held before the case was submitted that he never had. Respondent objected to the proposed finding of fact citing that testimony, but only by characterizing the testimony as “self-serving.” On this crucial point, we agree with petitioner--noting especially that respondent, in his own motion to dismiss, asserted only that he sent three notices of deficiency to petitioner--the three concededly sent to petitioner’s old address in Jan. 1999. 2 Subsequent section references are all to the Internal Revenue Code. 3 Respondent has issued a regulation, sec. 301.6212-2, Proced. & Admin. Regs., defining “last known address.” The regulation’s effective date, however, is Jan. 29, 2001, after the events giving birth to these motions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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