- 9 - Director in Baltimore. Cf. Westphal v. Commissioner, supra (oral notice to examining agent was effective to constitute a change of address). Petitioner further contends that respondent did not exercise due diligence in determining his correct address. It is well settled that, where the Commissioner is aware, before issuing a notice of deficiency, that the address he intends to use is no longer the taxpayer's correct address, the Commissioner is required to exercise reasonable diligence in attempting to ascertain the taxpayer's correct address. See King v. Commissioner, supra at 681 n.8; Crawford v. Commissioner, T.C. Memo. 1996-460; Stroud v. Commissioner, T.C. Memo. 1992-666. There is no evidence in the record that respondent was aware, either before or immediately after the mailing of the notice of deficiency, that the Lightning View address was not petitioner's correct address. Because of the passage of time, we do not have the benefit of reviewing the contents of respondent's administrative file. However, on the basis of a review of the record herein, we are satisfied that respondent was not put on notice that petitioner was no longer residing at the Lightning View address. Moreover, the notice was returned to respondent marked "Unclaimed" as opposed to "Addressee Unknown", "Insufficient Address" or "Unable to Forward". Under the circumstances, respondent was justified in believing that thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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