St. Joseph Lease Capital Corporation - Page 9

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          petitioner’s last known address to dispose of the motions before            
          us, however, because that fact is immaterial to respondent’s                
          principal argument that petitioner received actual notice of the            
          October 6 notice and timely filed the petition.  Respondent                 
          argues that we can assume that the October 6 notice was not                 
          addressed to petitioner’s last known address and decide whether,            
          notwithstanding that assumption, the October 6 notice was                   
          sufficient to suspend the running of the period of limitations.             
               Petitioner argues that the October 6 notice was insufficient           
          to suspend the running of the period of limitations because                 
          (assuming that it was not sent to petitioner’s last known                   
          address) respondent abandoned or withdrew the October 6 notice              
          when all three copies were returned undelivered by the Postal               
          Service and respondent communicated a copy to petitioner’s agent,           
          Levin, by facsimile transmission on November 10, 1994.  That                
          facsimile transmission (the November 10 communication), argues              
          petitioner, constituted a new notice of deficiency, which was               
          effective (once the petition was filed) to give this Court                  
          jurisdiction but which was ineffective, because untimely, to                
          suspend the running of the period of limitations.                           
               In support of its argument, petitioner cites Reddock v.                
          Commissioner, 72 T.C. 21 (1979).  In the Reddock case, respondent           
          mailed a notice of deficiency to the taxpayers 3 days before the            
          expiration of the period of limitations (the initial notice) but            
          did not mail the initial notice to the taxpayers' last known                




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