- 4 - distribute the mail. In accordance with this procedure, the apartment manager would routinely sign for certified mail deliveries at the post office without paying attention to whether the addressee was currently a resident of the apartment complex. If she ultimately discovered that an addressee was no longer residing at the apartment complex, however, she would retain the mail and not forward it or return it to the post office. Petitioner stated that, from time to time, he would stop in at his former address in Studio City to see if there was any mail for him that had not been forwarded by the post office. For example, petitioner stated that the post office would not forward magazines, and he would from time to time stop in and pick up these magazines. In accordance with this procedure, after the mailing of the 1994 notice of deficiency, petitioner stopped in at the Studio City apartment complex and obtained from the manager both notices of deficiency, whereupon petitioners promptly filed the petition herein. Under these circumstances respondent contends that the petition was untimely with respect to 1993 and should be dismissed for lack of jurisdiction, and that all references to 1993 in the petition should be stricken. Petitioners, on the other hand, contend that because July 9, 1996, letter contained the Winetka address, respondent was on notice that petitioners had a new address. He therefore contends that the 1993 notice ofPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011