Anthony Sicari and Esther Sicari - Page 16

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          76 T.C. 750, 752-753 (1981); see also Triangle Investors Ltd.               
          Partnership v. Commissioner, 95 T.C. 610, 616 (1990).                       
               The extensive record in this case, including a total of 65             
          exhibits as well as the testimony of credible individuals                   
          employed by the Postal Service and by respondent, establishes               
          that respondent mailed the subject notice of deficiency to the              
          address on petitioners' most recent return.  Respondent was not             
          given clear and concise notification of a change of address.  The           
          addition of the rural box number to petitioners' mailing address            
          was inconsequential, did not affect delivery of mail to                     
          petitioners, and was not a part of petitioners' address on their            
          most recent tax return prior to the mailing of the notice of                
          deficiency in issue.  We hold that the notice of deficiency with            
          respect to petitioners' taxable years 1983 to 1986 was properly             
          mailed by certified mail directed to petitioners' last known                
          address on October 9, 1992.8                                                


          8    We have not stated our view as to whether petitioners                  
          actually received the notice in question, although the record               
          includes evidence on that question, since it is plain that under            
          the facts of this case, respondent has done all that the statute            
          requires of her and was not required to guarantee the actual                
          receipt of the properly addressed notice.  See Monge v.                     
          Commissioner, 93 T.C. 22, 34 (1989).  Petitioners' due process              
          argument is without merit.  Although they cannot pursue their               
          case in this Court, they are not without remedy.  Petitioners may           
          pay the tax, file a claim for refund with the IRS, and if the               
          claim is denied, sue for a refund in the appropriate Federal                
          District Court or in the U.S. Court of Federal Claims.  See                 
          Patmon & Young Professional Corp. v. Commissioner, 55 F.3d 216,             
          218 (6th Cir. 1995), affg. T.C. Memo. 1993-143; McCormick v.                
          Commissioner, 55 T.C. 138, 142 (1970).                                      




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