Thomas W. Hunter, Jr. - Page 4

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          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.                                       



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