- 14 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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