Estate of Kestutis Biskis - Page 6




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          conclusion, we need not, and do not, decide whether the notice              
          was sent to petitioners’ “last known address”.3                             
               B. The Damaged Notice                                                  
               Petitioners argue that the notice of deficiency mailed on              
          October 6, 1999, was damaged by the USPS, and, as a result, the             
          notice was invalid.  Petitioners submitted a copy of the torn               
          envelope with the apology notice from the USPS.  Petitioners did            
          not submit an original or copy of the notice of deficiency.  In             
          successive pleadings by petitioners, the condition of the notice            
          of deficiency deteriorated from “damaged” to “destroyed”.  We               
          have some doubt as to the extent of the damage to the notice of             
          deficiency.  However, petitioners were not prejudiced, as they              
          received actual notice and in fact filed a timely petition with             
          this Court contesting the determinations in the notice.                     
               C.  Statute of Limitations                                             
               Section 6501(a) provides that respondent generally must                
          assess any deficiency in the payment of income taxes within 3               
          years of the filing of a return.  The period of limitations is              
          suspended upon the mailing of a notice of deficiency pursuant to            
          section 6212(a).  See sec. 6503(a)(1).  This Court has repeatedly           
          held that the date the notice of deficiency is mailed, not the              
          date on which it was received by the taxpayer, determines whether           


               3    For the same reasons, we need not decide whether the              
          Form 2848, as to Mr. Biskis’ estate, was a valid power of                   
          attorney.                                                                   





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