Peter Pettong and Chung-Yin Chiang - Page 10

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          returned, respondent had no way to know that petitioners failed             
          to receive the notice, if this was in fact the case.                        
               In these circumstances, the Form W-4 did not, in and of                
          itself, serve to change petitioners' last known address.  The               
          record does not establish whether or when a copy of that form was           
          mailed to the IRS.  As we stated in Farnham v. Commissioner, T.C.           
          Memo. 1991-642, to require that the Commissioner use addresses              
          shown on such documents                                                     
               would not only impose an unreasonable administrative burden            
               on respondent to record every address for every taxpayer,              
               but we would cause uncertainty by requiring respondent to              
               use an address which the taxpayer did not communicate to him           
               and which the taxpayer did not clearly tell respondent to              
               use.  * * *                                                            
          Id. (citing United States v. Zolla, 724 F.2d 808, 811 (9th Cir.             
          1984); see also Thiele v. Commissioner, T.C. Memo. 1994-33);                
          Hamilton v. Commissioner, T.C. Memo. 1992-265.                              
               With respect to the Form 8822, Change of Address, a                    
          purported copy of which was attached by petitioners to their                
          motion to submit filing of said copy, we find that this document            
          lacks any degree of credibility, and, therefore, give it no                 
          weight in our decision.  We find that the notice of deficiency              
          for taxable years 1988 and 1989 was mailed to petitioners' last             
          known address and, accordingly, grant respondent's motion to                
          dismiss for lack of jurisdiction on the ground that the petition            
          filed by petitioners was untimely.                                          
                                                  An appropriate order will           
                                             be issued.                               



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