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