Gerald H. Evans - Page 6




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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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