- 5 - the taxpayer and (2) the timely filing of a petition by the taxpayer.5 Secs. 6212, 6213, 7502; Rule 13(a), (c); Frieling v. Commissioner, 81 T.C. 42, 46 (1983). In the present case, respondent sent petitioner a valid notice of deficiency on August 22, 2005, and petitioner timely filed a petition for redetermination on October 17, 2005. Thus, the jurisdictional prerequisites are satisfied, and the Court has jurisdiction in this deficiency proceeding. Recharacterization of Respondent’s Motion In view of the filing of petitioner’s delinquent return and respondent’s acceptance thereof, as well as the assessment of the tax reported on that return, respondent concedes that there is no deficiency in income tax nor any addition to tax due from petitioner for 2001. However, respondent contends that refund or credit of the $1,354 overpayment is barred by the statute of limitations. Because this is an action for the redetermination of a deficiency over which we have jurisdiction, we have pendant jurisdiction to determine the amount of any overpayment. Sec. 6512(b)(1). In so doing, we necessarily consider whether refund 5 The validity of a notice of deficiency does not turn on the substantive merits of the Commissioner’s determination; i.e., the correctness of that determination. Rather, validity contemplates that the Commissioner did, in fact, make a determination in a notice of deficiency that is mailed to the taxpayer at the taxpayer’s last known address.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007