Anthony Sicari and Esther Sicari - Page 14

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          v. Commissioner, T.C. Memo. 1992-559 (different address on a                
          bankruptcy cover sheet); White v. Commissioner, supra (a Form W-2           
          reflecting a different address); see also Stein v. Commissioner,            
          T.C. Memo. 1990-378.  In addition, based on our review of the               
          record, and in particular Manico's testimony, we hold that                  
          respondent exercised reasonable care and diligence in                       
          ascertaining petitioners' last known address.  Petitioners'                 
          reliance upon cases in which respondent received a subsequently             
          filed tax return and/or other clear and concise notice of an                
          address change is misplaced.6                                               
               The testimony of employees at the Gardiner Post Office                 
          supports the view that in practice mail addressed to petitioners            
          at the Route 208 address during 1992 was properly addressed to              
          them, regardless of whether the address also referred to Box 1370           
          or house number 871.  Both the Postmaster for Gardiner during               
          1992, Walker, and the letter carrier responsible for delivering             
          mail to petitioners in 1992, Williams, testified at trial.                  
          Walker identified her handwriting at the top of the envelope in             
          which the notice was mailed.  This identification satisfies us              
          that the Gardiner Post Office handled the notice.  Walker also              

          6    In their posttrial brief, petitioners relied upon the                  
          following cases:  King v. Commissioner, 857 F.2d 676 (9th Cir.              
          1988), affg. 88 T.C. 1042 (1987); Cool Fuel, Inc. v. Connett, 685           
          F.2d 309 (9th Cir. 1982); McPartlin v. Commissioner, 653 F.2d               
          1185 (7th Cir. 1981); Crum v. Commissioner, 635 F.2d 895 (D.C.              
          Cir. 1980); Pyo v. Commissioner, 83 T.C. 626 (1984); Weinroth v.            
          Commissioner, 74 T.C. 430 (1980); Gibson v. United States, 761 F.           
          Supp. 685 (C.D. Cal. 1991).                                                 




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