Gustavo and Maria Guerrero - Page 4

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          to section 6662(a).  On January 31, 1997, the envelope bearing              
          the notice of deficiency was returned to respondent undelivered             
          and marked "UNCLAIMED".                                                     
               Petitioners filed a joint petition for redetermination with            
          the Court on December 1, 1997.  The petition was delivered to               
          the Court in an envelope bearing a U.S. Postal Service postmark             
          date of November 26, 1997.  At the time the petition was filed,             
          petitioners resided at the Southgate address.                               
               As indicated, respondent filed a Motion to Dismiss for Lack            
          of Jurisdiction asserting that the petition was not timely                  
          filed.  Petitioners filed an objection to respondent's motion               
          asserting that the notice of deficiency was not mailed to their             
          last known address which petitioners identify as the Southgate              
          address.  Respondent filed a response to petitioners' objection             
          asserting:  (1) Petitioners' September 27, 1996 letter to the               
          Fresno Service Center requesting a copy of their 1993 tax return            
          did not constitute clear and concise notice of petitioners'                 
          change of address; and (2) a review of respondent's computer                
          records revealed that petitioners' address did not change                   
          between 1988 and 1997.                                                      
               This matter was called for hearing at the Court's motions              
          session in Washington, D.C.  Counsel for respondent appeared at             
          the hearing and presented argument in support of the pending                
          motion.  No appearance was entered by or on behalf of                       





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