- 3 - assessed, and shall be paid upon notice and demand”. Sec. 6213(c). The petition here was filed on August 29, 2005, more than a year after the notice of deficiency was mailed. The notice of deficiency was mailed to petitioners at 1113 Pemberton Lane, Lothian, Maryland, on March 4, 2004. This is the same address petitioners used when they filed their 2002 and 2003 tax returns. Furthermore, petitioners acknowledge that they “never changed that address” prior to the mailing of the notice of deficiency. For personal reasons, however, petitioners actually resided at another address. It may be that there was correspondence from the other address to the Internal Revenue Service during the examination of the tax returns, but such correspondence was not “clear and concise notification of a different address”. Orum v. Commissioner, supra at 8. The statutory notice was mailed to petitioners’ last known address under section 6212(b). The petition was not timely filed and must be dismissed for lack of jurisdiction. Reviewed and adopted as the report of the Small Tax Case Division. An order of dismissal for lack of jurisdiction will be entered.Page: Previous 1 2 3 4
Last modified: May 25, 2011