Justice James and Lisa Onah - Page 4

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          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 of           





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