Wilburn C. Hall, Jr. - Page 29

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          1069, 1075-1076 (1928); see Miami Purchasing Service Corp. v.               
          Commissioner, 76 T.C. 818, 823 (1981); see also Minahan v.                  
          Commissioner, 88 T.C. 492, 506 (1987).                                      
          Petitioner argues that the notice of deficiency was not                     
          mailed to him until November 9, 1990, which is more than 3 years            
          after he filed his tax returns for 1982, 1983, and 1984 (see                
          supra table 2), and that assessment for those years is thus                 
          barred by the statute of limitations. He contends that the                  
          notice of deficiency mailed to the I.R.S. Classen address on                
          September 14, 1990, was invalid because it was not mailed to his            
          last known address and he did not receive it. He contends that              
          he notified respondent to use the P.O. drawer address and not the           
          Classen address.                                                            
          Respondent contends, firstly, that the September 14, 1990,                  
          notice of deficiency was mailed to petitioner's last known                  
          address within 3 years after petitioner filed his tax returns for           
          1982 through 1986. Secondly, respondent contends that, even if              
          the Court concludes that the September 14, 1990, notice of                  
          deficiency was not mailed to petitioner's last known address,               
          then this notice of deficiency is nevertheless valid because                
          petitioner received it and timely filed a petition with this                
          Court. Thirdly, respondent contends that, even if the September             
          14, 1990, notice of deficiency is not valid, then the November 9,           
          1990, notice of deficiency is timely, because petitioner omitted            
          more than 25 percent of his gross income for 1982 through 1984,             




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