- 3 - 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 atPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011