David Broomfield - Page 4

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          obligations.  In the course of this discussion, petitioner                  
          advised the settlement officer that he would be going to jail.              
               On the day after their telephone conversation (November 6,             
          2002), the settlement officer mailed a letter to petitioner at              
          the Wanda Avenue address which enclosed return forms for 1991 and           
          1997 through 2001, and set a December 11, 2002, deadline for                
          petitioner to submit completed returns for these years.                     
               On November 14, 2002, petitioner was incarcerated in the               
          Wisconsin State prison system.                                              
               Petitioner did not submit the completed returns or any other           
          materials by the December 11 deadline.                                      
               On January 30, 2003, respondent mailed a notice of                     
          determination, dated January 30, 2003, regarding the proposed               
          levy for 1991 to the Wanda Avenue address using certified mail,             
          return receipt requested.  Respondent received a return receipt             
          card indicating that the notice of determination was accepted at            
          the Wanda Avenue address on January 31, 2003.  The Wanda Avenue             
          address was also the address given in the most recent Federal               
          income tax return that petitioner filed prior to the mailing of             
          the notice of determination; namely, petitioner's return for 1996           
          received by respondent on August 21, 1997.                                  
               On March 11, 2003, the settlement officer received a letter            
          from petitioner, dated February 28, 2003, and postmarked March              
          10, 2003, advising that he had been incarcerated since November             






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