Robert T. Lundy - Page 10

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               We conclude our survey of the case law in this area with a             
          brief mention of the line of cases involving undated notices of             
          deficiency.  See Hurst, Anthony & Watkins v. Commissioner, 1                
          B.T.A. 26 (1924); and Casqueira v. Commissioner, T.C. Memo. 1981-           
          428.  We have uniformly analyzed these cases by applying the                
          normal rule that the date of mailing is the date that the notice            
          of deficiency is actually placed in the mail.  Cf. Donoghue v.              
          Commissioner, T.C. Memo. 1977-276 (90-day period computed from              
          actual date of mailing where notice of deficiency was actually              
          mailed March 18, 1976, but erroneously dated March 18, 1975).               
               Respondent contends that the date that the notice of                   
          deficiency was actually mailed in this case is controlling for              
          purposes of computing the 90-day period for filing a petition               
          with the Court, and that it was unreasonable for petitioner to              
          rely on any other date in filing his petition.  Relying on cases            
          such as Loyd v. Commissioner, supra, and Jones v. Commissioner,             
          supra, petitioner counters that it has been the Court's practice            
          to permit a taxpayer to use the best date available under the               
          circumstances in computing the 90-day period for filing a                   
          petition with the Court.  Because the notice of deficiency that             
          he received was incorrectly dated, petitioner contends that he              
          should be permitted to rely on the date that he actually received           
          the notice of deficiency (as the best date available to him) in             
          computing the 90-day period for filing a petition with the Court.           






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