- 8 - so, the fact that the notice of deficiency was not received by petitioners is of no consequence. See King v. Commissioner, supra; United States v. Zolla, 724 F.2d 808, 810 (9th Cir. 1984). Lastly, petitioners argue that respondent's failure to remail the notice of deficiency violated certain provisions of the Internal Revenue Manual. In this regard, petitioners point out in their brief that respondent is required to mail duplicate original notices of deficiency "where there might be some doubt as to the correctness of the last known address." Respondent apparently did exactly that in this case. Nevertheless, petitioners go on to argue that if "a notice of deficiency is returned to the respondent, IRM 4462.1(5) instructs revenue agents to remail notices of deficiency to the correct addresses." (Emphasis added.) The section of the manual cited by petitioners states: (5) If a notice of deficiency is returned to the District Director because of an incorrect address, it will be remailed to the correct address by certified mail; in such cases, the date of remailing is the effective date of the notice. Returned mail should put the sender on notice that the letter might have been incorrectly addressed. The above-referenced manual provision was no doubt designed to cover those situations and implies that respondent should recheck his records in order to ascertain the taxpayer's correct address. In this case,Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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