Anthony Sicari and Esther Sicari - Page 7

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               The Town of Gardiner had three postal routes and three                 
          letter carriers in 1992.  Theresa Williams (Williams) has been              
          the letter carrier for the postal route including Route 208 and             
          the Sicari residence since approximately 1990.  She worked                  
          throughout the month of October 1992 without missing a day for              
          sick leave or vacation.  During 1992, if certified mail was                 
          addressed to petitioners at the Route 208 address, Williams would           
          deliver it to petitioners.  Articles of mail marked with the                
          Route 208 address did not need a rural box number designation for           
          Williams to deliver them to petitioners in 1992.  In accordance             
          with the U.S. Postal Service Domestic Mail Manual (DMM), any                
          records of the certified mail delivery maintained by the Gardiner           
          Post Office were destroyed after 2 years.                                   
               Petitioners never sent notice to respondent specifically               
          informing her that the address on their most recent return no               
          longer should be used or that they wanted a different address to            
          be used for tax purposes.                                                   
          Discussion                                                                  
               The jurisdiction of this Court is governed by statute.  Sec.           
          7442.  A valid notice of deficiency and a timely filed petition             
          are essential to our deficiency jurisdiction.  Rule 13(a), (c);             
          Monge v. Commissioner, 93 T.C. 22, 27 (1989); Abeles v.                     
          Commissioner, 91 T.C. 1019, 1025 (1988).  Under section 6212, a             
          notice of deficiency is sufficient if it is mailed to the                   
          taxpayer's last known address by certified or registered mail.              




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