Keith K. Stroupe - Page 18

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          petitioner's new address.  However, petitioner has not                      
          established that the Kansas Address was listed on any Form 4868             
          that he filed previous to the mailing of the notice of                      
          deficiency.  If respondent had reviewed any of petitioner's Forms           
          4868, there is no evidence that respondent would have been able             
          to ascertain petitioner's Kansas Address.                                   
               Even assuming that the Forms 4868 listed the Kansas Address,           
          such forms were received by a different division of the IRS than            
          the one that issued the notice of deficiency.  In this regard,              
          the Court of Appeals, in Guillen v. Barnes, 819 F.2d 975, 977               
          (10th Cir. 1987), stated:                                                   
               As to the address given on the W-4 form and * * * [the                 
               taxpayer's] other correspondence, it ignores                           
               administrative realities to impute knowledge of an                     
               address change to the division of the IRS that issued                  
               the deficiency notice, based on information received in                
               another IRS division that was not identified as new                    
               permanent address information.  [Emphasis added.]                      
               Based on the circumstances in the present case, respondent's           
          efforts in mailing the notice of deficiency were reasonably                 
          diligent.  Respondent sent five different address information               
          requests to the postmasters in Denver, Colorado, Nathrop,                   
          Colorado, and Colorado Springs, Colorado, to verify five possible           
          addresses for petitioner.  Respondent also attempted to obtain              
          petitioner's correct address by contacting petitioner's parents             
          and a previous employer.  Finally, respondent mailed the notice             
          of deficiency to three different addresses, one of which                    
          respondent may have concluded was petitioner's then current                 
          address.                                                                    



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