Anthony and Esther Sicari - Page 3




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          except as to certain matters directly bearing on the issue of               
          actual delivery.                                                            
          On October 9, 1992, respondent issued to petitioners by                     
          certified mail, return receipt requested, a statutory notice of             
          deficiency (the statutory notice) addressed as follows:  Mr.                
          Anthony Sicari and Mrs. Esther Sicari, Route 208, Gardiner, NY              
          12525 (the route 208 address).                                              
               During 1992, the Postal Service had changed petitioners'               
          permanent mailing address to the following address:  871 Route              
          208, Gardiner, NY 12525.  Early in 1992, the postmaster of                  
          Gardiner, New York, Marianne Walker (Walker), issued notices                
          explaining the address changes and notifying Gardiner Postal                
          Service customers that regardless of the changes, all mail would            
          be delivered without interruption.  In fact, the Gardiner Postal            
          Service delivered mail to customers even if it was addressed to             
          the route 208 address throughout 1992 and up to the time of                 
          trial.  In October 1992, the Postal Service treated mail                    
          addressed to the route 208 address as properly addressed.                   
               In 1992, Theresa Williams (Williams) was the letter carrier            
          for the postal route that includes route 208 and the Sicari                 
          residence.  She worked throughout the month of October 1992                 
          without missing a day for sick leave or vacation.  She was well             
          acquainted with the location of the Sicari residence.  During               
          1992, if items of certified mail were addressed to petitioners at           






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