Richard L. Pickering - Page 2

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          is no dispute that the petition was not filed within the 90-day             
          period prescribed by section 6213(a).  The question presented is            
          whether the notice of deficiency is valid notwithstanding the               
          fact that respondent mailed the notice to an address that                   
          included an incorrect ZIP code.                                             
          Background                                                                  
               On July 7, 1995, respondent mailed a notice of deficiency to           
          petitioner by certified mail.  In the notice, respondent                    
          determined a deficiency in petitioner's Federal income tax and an           
          accuracy-related penalty under section 6662(a) for the taxable              
          year 1992 in the amounts of $2,314 and $463, respectively.                  
               The notice of deficiency was addressed to petitioner at P.O.           
          Box 54, Wrightwood, California 92393-0054.  The correct ZIP code            
          for Wrightwood, California is 92397.  The incorrect ZIP code that           
          respondent used in mailing the notice of deficiency is for                  
          Victorville, California.                                                    
               On August 4, 1995, the envelope bearing the notice of                  
          deficiency was returned to respondent undelivered and marked                
          "unclaimed".  The envelope was not marked "address unknown",                
          "insufficient address", or "no such street or number".  The                 
          envelope included markings indicating that notices of certified             
          mail U.S. Postal Service Form 3489 (Form 3849) were delivered to            
          P.O. Box 54 on July 11 and 19, 1995.                                        







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