Estate of Isabelle N. Greenwood, Deceased, Donna Norquist and Christine N. Stamey, Independent Co-Executrixes - Page 10




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          (4th Cir. 2000), affg. T.C. Memo. 1996-256; Estate of Biskis v.             
          Commissioner, T.C. Memo. 2001-94; Estate of Citrino v.                      
          Commissioner, supra.  Even if the Commissioner mails the notice             
          of deficiency to a third party and not directly to the taxpayers            
          as section 6212(a) requires, the notice of deficiency is still a            
          valid notice under section 6212 as long as the taxpayer receives            
          actual notice of the proposed deficiency and files a timely                 
          petition to contest it.  See St. Joseph Lease Capital Corp. v.              
          Commissioner, supra (holding as valid a notice of deficiency not            
          mailed to the taxpayer’s last known address but faxed to the                
          taxpayer’s attorney and challenged by a timely petition); Lifter            
          v. Commissioner, supra at 822-823 (holding as valid a notice of             
          deficiency not mailed to the taxpayers’ last known address, but             
          received by the taxpayers’ attorney and challenged by a timely              
          petition); Brookshire v. Commissioner, T.C. Memo. 1990-258;                 
          Estate of Citrino v. Commissioner, supra (holding as valid a                
          notice of deficiency not mailed to the fiduciary’s last known               
          address, but somehow obtained by the taxpayer or his attorney in            
          time to file a timely petition).                                            
               The estate falls squarely within the aforementioned holdings           
          because the estate received actual notice of the deficiency                 
          without prejudicial delay and filed a timely petition contesting            
          the deficiency in this Court.  However, the estate contends that            
          we are required by our opinion in Golsen v. Commissioner, 54 T.C.           






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