Starvest U.S., Inc. - Page 19




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          2.  Last Known Address                                                      
               A notice of deficiency is valid if the taxpayer actually               
          receives the notice and thereafter files a petition timely with             
          the Court.  See Frieling v. Commissioner, 81 T.C. 42, 52-53                 
          (1983).  This rule applies regardless of the address to which the           
          notice is mailed.  See id.                                                  
               On August 12, 1997, petitioner filed a timely petition with            
          the Court for the May 15, 1997, notice of deficiency.4  On                  
          November 2, 1998, petitioner filed a timely petition with the               
          Court for the August 4, 1998, notice of deficiency.5                        
          Petitioner's actual receipt of the notices of deficiency and its            
          subsequent filing of timely petitions with this Court render moot           
          any inquiry regarding the address to which the notices of                   
          deficiency were mailed.  The notices of deficiency, therefore,              
          were valid.                                                                 







               4    The 90-day period for filing a petition with the Court            
          expired on Aug. 13, 1998, which was not a Saturday, Sunday, or              
          legal holiday in the District of Columbia.  See sec. 7503.                  
               5    The 90-day period for filing a petition with the Court            
          expired on Nov. 2, 1998, which date was not a Saturday, Sunday,             
          or legal holiday in the District of Columbia.  See sec. 7503.               
          Although the petition was not received until Nov. 5, 1998, it was           
          deemed filed on Nov. 2, 1998, under sec. 7502(a).                           




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