- 11 - penalties applied under section 6662--was not properly abated and adjusted in accordance with the agreement they reached with respondent’s Problem Resolution Office. We will first consider the merits of these arguments. Petitioners’ Right To Contest the Underlying Liability The Court’s jurisdiction to redetermine a deficiency depends upon the issuance of a valid notice of deficiency and the timely filing of a petition for redetermination. Levitt v. Commissioner, 97 T.C. 437, 441 (1991). Assuming the Commissioner has issued a valid deficiency notice, section 6213(a) provides in pertinent part that the taxpayer must file a petition with the Court within 90 days of the mailing of the deficiency notice. Respondent mailed a deficiency notice to petitioners on December 6, 1996. It is undisputed that petitioners received this notice in due course. Petitioners failed to file a petition for redetermination within 90 days of the date the notice was mailed. Because petitioners’ reasons as to why they did not file a petition are irrelevant,11 we hold that petitioners are not entitled to raise as an issue their underlying tax liability. 11 Petitioners admit their timely receipt of the notice. They stated that the declining health of Mr. Caple’s father, and other factors, left them unable to deal with the situation. “Once respondent places the deficiency notice within the taxpayer’s grasp * * * [in ample time to file a petition with the Tax Court, respondent] satisfies the requirement of section 6212; if the taxpayer turns a blind eye to that information, she does so at her own peril.” Patmon & Young Profl. Corp., T.C. Memo. 1993-143, affd. 55 F.3d 216 (6th Cir. 1995).Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008