Walter J. Hoyt, III and Betty J. Hoyt - Page 3

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          petitioners at HC 71 Lone Pine Creek Road, Burns, OR 97720; the             
          other was addressed to them at HC 71 Lone Pine Road, Burns, OR              
          97720.2                                                                     
               The post office in Burns, Oregon, received the envelopes               
          containing the notices of deficiency.  On May 9, 1996, the Postal           
          Service delivered notification forms to petitioners at the                  
          address designated on the envelopes, stating that certified mail            
          from the IRS was being held and could be signed for and picked up           
          at the local post office.  After 5 days, a second set of such               
          notices was delivered.  Neither notice of deficiency was picked             
          up or received by petitioners.  Each notice of deficiency was               
          returned to respondent on or about May 29, 1996.  The envelopes             
          containing the notices were stamped "Unclaimed" by the U.S.                 
          Postal Service.  The originals and copies of the notices of                 
          deficiency that were mailed to petitioners on May 3, 1996, were             
          placed in petitioners' administrative file, along with the                  
          envelopes in which they had been mailed.                                    
               On their Federal income tax return for the period beginning            
          on October 1, 1993, and ending September 30, 1994, which was                
          received by respondent on June 27, 1995, petitioners listed their           
          address as HC 71 Lone Pine Creek Road, Burns, OR 97720.  They               



               2According to the testimony of the postmaster for Burns,               
          Oregon, any envelope addressed to Burns, Oregon, bearing the name           
          Hoyt and HC 71 would have been delivered to the proper mailbox.             




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