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minimum period may be extended, suspended, or otherwise modified
as provided in section 6229.
As pertinent herein, section 6229(d) provides that the
running of the period of limitations specified in subsection (a)
is suspended from the date on which the notice of final
partnership administrative adjustment is mailed to the
partnership's TMP through the date on which the decision of this
Court becomes final and for 1 year thereafter. Pursuant to
sections 7481(a) and 7483, if a timely notice of appeal is not
filed, the decision of this Court becomes final 90 days after the
decision is entered.
In this regard, there is no dispute that the period for
assessing the additions to tax in dispute expired no earlier than
October 19, 1995; i.e., 1 year and 90 days from the entry of
decision in the Taylor case.
Section 6503(a)(1) provides that the running of the period
of limitations on assessment and collection will be tolled upon
the mailing of a notice of deficiency under section 6212(a). In
the present case, respondent mailed the affected items notice of
deficiency on August 28, 1995, nearly 2 months before the
expiration of the period for assessment and collection under
section 6229. Accordingly, the only issue is whether the notice
of deficiency is valid. Petitioner claims that the notice was
not mailed to his last known address and is therefore invalid.
A notice of deficiency is valid if the taxpayer actually
receives the notice and thereafter files a timely petition in the
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