- 12 - petition date on the notice of deficiency but the taxpayer nonetheless receives the notice and files a timely petition, the notice is valid. Smith v. Commissioner, supra at 492. Petitioner received the notice of deficiency and filed a timely petition with this Court. Although the notice of deficiency stated incorrectly the last date on which petitioner could petition this Court, it clearly and conspicuously stated that a petition must be filed with this Court within 90 days of the date the notice of deficiency was mailed. Furthermore, respondent mailed a letter to petitioner on October 31, 2002, acknowledging the error in the notice of deficiency and informing petitioner that he had until January 2, 2003, to file a petition with this Court. Accordingly, the statutory goal of providing the taxpayer with actual notice of the deficiency determination in a timely manner was satisfied. The Court concludes that the notice of deficiency is valid and this Court has jurisdiction. II. Availability of a Bivens Remedy “Bivens provides that federal courts have the inherent authority to award damages against federal officials to compensate plaintiffs for violations of their constitutional rights. * * * However, Bivens remedies are not available to compensate plaintiffs for all constitutional torts committed by federal officials.” W. Ctr. for Journalism v. Cederquist, 235 F.3d 1153, 1156 (9th Cir. 2000). There are three recognizedPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: March 27, 2008