Rodolfo Lizcano - Page 10




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          January 10, 2006, at 9 a.m. in San Antonio, Texas, in a                     
          designated courtroom in order to precede the scheduled trial of             
          the case that week.  Petitioner failed to make an appearance at             
          the hearing.                                                                
                                       OPINION                                        
          I.   Jurisdiction                                                           
               There are two prerequisites to this Court’s jurisdiction to            
          redetermine a deficiency:  (1) The issuance of a valid notice of            
          deficiency by the Commissioner, and (2) the timely filing of a              
          petition with the Court by the taxpayer.  See Rule 13(a), (c);              
          Rochelle v. Commissioner, 116 T.C. 356, 358 (2001) (and cases               
          cited thereat), affd. 293 F.3d 740 (5th Cir. 2002).                         
               Validity of Notice of Deficiency                                       
               Petitioner contends that the notice of deficiency is invalid           
          because it lists incorrectly the last date on which petitioner              
          could file a timely petition with this Court.  Petitioner relies            
          on section 6213(a) and the Internal Revenue Service Restructuring           
          and Reform Act of 1998 (RRA),  Pub. L. 105-206, sec. 3463(a), 112           
          Stat. 767, for his argument that the notice of deficiency is                
          invalid.                                                                    
               Pursuant to section 6213(a), a taxpayer has 90 days (or 150            
          days if the notice is addressed to a person outside the United              
          States) from the date that the notice of deficiency is mailed to            








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