- 12 - District Court discounted that testimony in light of all the facts and circumstances, noting that the letter carrier could not recall delivering the specific notice of deficiency. The court held that the misaddressed notice of deficiency was invalid. The misaddressed notice of deficiency mailed to petitioner in this case failed to notify him that a deficiency had been determined and thus deprived him of the opportunity to petition this Court for a redetermination of the deficiency. See Frieling v. Commissioner, 81 T.C. at 52. Had the notice of deficiency not been misaddressed, it would have been valid whether or not petitioner received it. Lifter v. Commissioner, 59 T.C. 818 (1973). This is not a case where a taxpayer refused to accept delivery of a notice of deficiency or refused to collect such a notice from the post office. Indeed, shortly after the mailing of the subject notice of deficiency, respondent mailed another notice of deficiency for other years to petitioner’s correct address, and petitioner accepted delivery of that notice and timely filed a petition with this Court. Rather, petitioner was prejudiced by the fact that respondent's error prevented him from becoming aware that the notice of deficiency had been mailed until after the time for filing a petition had passed. Accordingly, on the basis of the facts and circumstances of this case and the foregoing analysis, we shall deny respondent's Motion to Dismiss for Lack of Jurisdiction for the years 1987,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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