Thomas R. Camerato - Page 14




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          would have filed a petition for review with the Tax Court, would            
          have obtained an earlier determination of his deficiency, and               
          thereby could have avoided interest accruing on the deficiency              
          from the time the Tax Court would have ruled until the deficiency           
          was finally agreed upon.                                                    
               Initially, we note that petitioner’s claim is flawed because           
          he has failed to show the specific period of time over which                
          interest should be abated as a result of this claimed “error or             
          delay.”  See Donovan v. Commissioner, T.C. Memo. 2000-220.                  
               Moreover, even ignoring this structural flaw, petitioner has           
          failed to establish that respondent committed any error, let                
          alone a ministerial one, in sending the notice of deficiency to             
          the address shown on his tax return, rather than to his school              
          address as he alleges he orally requested.                                  
               Respondent was required to mail the notice of deficiency to            
          petitioner’s “last known address.”  Sec. 6212(b)(1).  Neither               
          section 6212 nor the regulations promulgated thereunder and in              
          effect when the notice of deficiency was mailed7 define a                   
          taxpayer's "last known address."  We have defined it as the                 
          address to which, in light of all the facts and circumstances,              
          respondent reasonably believed the taxpayer wished the notice of            

               7Sec. 301.6212-2, Proced. & Admin. Regs, promulgated on Jan.           
          11, 2001, defines “last known address.”  This new regulation was            
          not in effect when the notice of deficiency in the case at hand             
          was mailed, and by its terms is effective only to mailings on and           
          after Jan. 29, 2001.  Sec. 301.6212-2(d), Proced. & Admin. Regs.            





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