Gregory Alan Lindstrom - Page 4




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                                     Discussion                                       
              In a deficiency case, our jurisdiction depends upon the                 
         Commissioner's issuing a valid notice of deficiency to the                   
         taxpayer and the taxpayer's timely filing a petition in this                 
         Court.  Frieling v. Commissioner, 81 T.C. 42, 46 (1983); Bjelk v.            
         Commissioner, T.C. Memo. 1998-169.  Generally, a petition is                 
         timely if it is filed within 90 days following the date that the             
         notice of deficiency was mailed.  Sec. 6213(a).3  When a petition            
         is not filed within the applicable period with respect to a valid            
         notice of deficiency, the case must be dismissed for lack of                 
         jurisdiction.  Masino v. Commissioner, T.C. Memo. 1998-118                   
         (citing Pugsley v. Commissioner, 749 F.2d 691, 692 (11th Cir.                
         1985)).                                                                      
              Petitioner argues that the 90-day period provided by section            
         6213(a) began August 18, 2006, when the USPS forwarded the notice            
         of deficiency to its final destination.  We disagree.  Section               
         6213(a) plainly provides that, except where a notice of                      
         deficiency is addressed to a person outside the United States, a             
         Tax Court petition may be filed within 90 days of the date that              
         the notice "is mailed".  In the absence of a postmark on the                 
         envelope itself, the date stamped on the Commissioner's certified            
         mail receipt is the "next best evidence" of the date of mailing              


               3 Unless otherwise indicated, all section references are to            
          the Internal Revenue Code of 1986 as in effect for the year in              
          issue.                                                                      





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