Wilburn C. Hall, Jr. - Page 33

                                       - 33 -                                         
        Petitioner testified after receipt of the evidence on which                   
        the foregoing findings are based, but his testimony did not deal              
        with these matters. Petitioner also testified earlier in the                  
        trial, and stated that he had advised Burns' successor that the               
        P.O. drawer address should be used as his last known address.                 
        Petitioner has not told us when he notified Burns                             
        successor, nor whether the notification was oral or written, nor              
        what words he used. As a result, we have no way of knowing (1)                
        whether the notification was before July 30, 1990, and so was                 
        superseded by Spencer's July 30 telephone conversation with                   
        petitioner, or was after September 14, 1990, and so was too late,             
        because the notice of deficiency had already been mailed (see,                
        e.g., Armstrong v. Commissioner, 15 F.3d at 975); (2) why                     
        MacKenzie's early-November examination of the case file or the                
        computer records did not reveal any such notification; and (3)                
        whether we would conclude that petitioner's words constitute a                
        "clear and concise notification of a different address".                      
        We conclude, and we have found, that respondent exercised                     
        due care and diligence in ascertaining petitioner's correct                   
        mailing address and mailing the notice of deficiency to                       
        petitioner at the correct address on September 14, 1990. Monge                
        v. Commissioner, 93 T.C. at 33. We conclude, and we have found,               
        that respondent mailed the notice of deficiency to petitioner at              
        his last known address on September 14, 1990. Accordingly, the                
        September 14, 1990, notice of deficiency is valid; it was mailed              




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