Anthony Sicari and Esther Sicari - Page 12

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          circumstances of each case.  Alta Sierra Vista, Inc. v.                     
          Commissioner, supra at 374.                                                 
               Petitioners' amended return for 1986 was the most recent               
          return filed by petitioners when the notice of deficiency was               
          issued on October 9, 1992.  Respondent received that amended                
          return on May 14, 1991.  On that return, petitioners listed their           
          address as the Route 208 address, consistent with their 1986 Form           
          1040. Petitioners did not file their 1991 return until 1995.  The           
          record does not contain copies of petitioners' 1987, 1988, 1989,            
          or 1990 returns, and petitioners do not contend that those                  
          returns listed an address other than the Route 208 address.                 
          Printouts of the searches conducted on respondent's INOLE and               
          ENMOD computer databases, dated August 21, 1992, and October 1,             
          1992, indicate that petitioners listed their address as the Route           
          208 address on their 1988 and 1989 returns.  On this record, we             
          find that respondent mailed the subject notice of deficiency to             
          the address shown on petitioners' most recent return.4                      
               Petitioners argue that respondent knew that their address              
          had changed since their most recent return.  Although petitioners           
          admitted at trial that they did not notify respondent                       

          4    The record does not disclose whether petitioners' 1986                 
          amended return had been properly processed by the Albany District           
          Office so that the address appearing on that return was available           
          to respondent's agent who prepared the subject notice prior to              
          its mailing.  As noted, however, respondent's computer records              
          reflect that petitioners listed the Route 208 address on their              
          1988 and 1989 returns, and petitioners do not claim to have                 
          listed a different address on their 1990 return.                            




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