Richard L. Pickering - Page 6

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          (misaddressed notice of deficiency valid where taxpayers filed a            
          timely petition).  An error in the address used in mailing a                
          notice of deficiency is inconsequential where the error is so               
          minor that it would not prevent delivery of the notice.  See                
          McMullen v. Commissioner, T.C. Memo. 1989-455; Kohilakis v.                 
          Commissioner, T.C. Memo. 1989-366.                                          
               In Watkins v. Commissioner, T.C. Memo. 1992-6, the Court               
          sustained the validity of a notice of deficiency mailed to an               
          address that included an incorrect ZIP code.  The Court reasoned            
          as follows:                                                                 
                    According to the [United States Postal Service                    
               Domestic Mail Manual], the address may include the name                
               of the recipient, the rural route and box number, the                  
               city, and State.  It is recommended that ZIP code be                   
               used.  However, the ZIP code number is not a                           
               requirement for proper delivery, but is for the                        
               convenience of the Postal Service and is helpful to                    
               ensure prompt delivery.  In our view, the typing of the                
               incorrect 5-digit ZIP code on the notice and mailing                   
               envelope is a de minimis error not fatal to a notice of                
               deficiency. * * *                                                      
          Unlike the present case, the record in Watkins included the                 
          testimony of the rural letter carrier that the incorrect ZIP code           
          did not cause confusion in the attempted delivery of the notice.            
          The letter carrier testified that she left two notices of                   
          certified mail (Form 3849) in the taxpayers' mailbox in an effort           
          to deliver the notice of deficiency.                                        
               Nevertheless, the principle that an incorrect ZIP code                 
          constitutes an inconsequential error with respect to the mailing            





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