Vincent J. and Susan L. Maranto - Page 7




                                        - 7 -                                         

          contrary, the person to whom he spoke, Janet Cole, from the Los             
          Angeles Appeals Office, recalls the conversation but does not               
          recall receiving any added information as to petitioners’ new               
          address.  The Appeals documentary record in the case, attached to           
          the supplement to respondent’s motion to dismiss for lack of                
          jurisdiction, reflects that an entry was made at some                       
          undetermined time, changing the Fern Point Circle address to the            
          Blake Road address.                                                         
               Moreover, in March 1996, petitioner husband filed a                    
          voluntary petition in bankruptcy in the U.S. Bankruptcy Court for           
          the Eastern District of California, Sacramento Division, in which           
          he listed the Blake Road address as his current address.                    
               If the Blake Road address was not petitioners’ last known              
          address, then certainly the Airway Avenue address for Mr.                   
          Christensen would have been petitioners’ last known address.  See           
          Honts v. Commissioner, supra.  The record is clear that                     
          respondent mailed by regular mail a copy of the notice of                   
          deficiency for 1992 to Mr. Christensen on October 16, 1996, and             
          that he received it.  Petitioners contend that respondent has               
          failed to prove the exact date upon which Mr. Christensen                   
          received it, but we do not believe that is necessary.  Respondent           
          did offer testimony of a representative of the U.S. Postal                  
          Service that mail from respondent’s office to Mr. Christensen’s             
          office would normally have been received within 2 or 3 days, and            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011