- 29 - 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,Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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