Walter J. Hoyt, IV and Cynthia M. Witt-Hoyt - Page 2

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               The issue for decision is whether a notice of deficiency was           
          issued and properly mailed to petitioners for the year 1992.                
          According to respondent, on October 2, 1996, a notice of                    
          deficiency in which a deficiency, additions to tax, and a penalty           
          with respect to petitioners' 1992 Federal income tax were                   
          determined was issued and sent to petitioners by certified mail.            
          Petitioners admit that a document sent by respondent by certified           
          mail was received in October 1996 but they claim that the                   
          document was not a notice of deficiency.  According to                      
          petitioners, the document was a statement of income tax changes             
          that they had previously received from the revenue agent                    
          conducting the examination of their 1992 year.                              

                                  FINDINGS OF FACT                                    

               Some of the facts have been stipulated and are so found.               
          Petitioners were husband and wife during 1992.  They filed a                
          timely joint Federal income tax return for the year 1992 on or              
          about October 15, 1993.  References to petitioner are to Walter             
          J. Hoyt IV.  Petitioners resided in Willows, California, at the             
          time their 1992 return was filed and continued to reside there at           
          least until the petition was filed in this case.  The parties               
          have stipulated, and we find as a fact, that for purposes of                
          section 6212, petitioners' last known address as of October 2,              
          1996, was P.O. Box 642, Willows, California 95988.                          





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