- 9 - 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 knownPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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