- 2 - petitioners filed with this Court a petition for redetermination of the deficiency reflected in a notice of deficiency that was sent to them by certified mail on January 3, 2005.2 Respondent mailed the notice of deficiency to petitioners’ last known address of 13788 Woodhill Ln., Chino Hills, California 91709. Petitioners bear the burden of proving that this Court has jurisdiction to decide this case. See Cassell v. Commissioner, 72 T.C. 313, 317-318 (1979). It is well established that our jurisdiction requires a valid notice of deficiency and a timely filed petition, and we must dismiss a case in which either one or the other is not present. Sec. 6213(a); Cross v. Commissioner, 98 T.C. 613, 615 (1992). Section 6213(a) provides that where a notice of deficiency is addressed to a person within the United States, the taxpayer may file with this Court a petition to redetermine the deficiency within 90 days of the mailing of that notice of deficiency. Section 7502(a) provides that in general, timely mailing is treated as timely filing if a petition is delivered to the Court by U.S. mail after the period prescribed for its filing and the U.S. postmark date stamped on the envelope is within the appropriate period. 1(...continued) Internal Revenue Code. 2 When this petition was filed, petitioners lived in Chino Hills, California. Their petition stated that “TAXPAYER HAS ADDITIONAL DEDUCTIONS TO CLAIM.”Page: Previous 1 2 3 Next
Last modified: May 25, 2011