Howard M. Morgan and Glenice S. Morgan - Page 6




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            copy of Notice 1214, which is attached to the copy of the notices                          
            mailed to the Willow address.  Petitioners draw from this fact                             
            that Notice 1214 was mailed only to the Willow address.  Contrary                          
            to petitioners’ assertion, the mere fact that respondent’s file                            
            contains only one copy of Notice 1214 does not mean that                                   
            respondent sent only one copy of that notice to them.  Certain of                          
            respondent’s employees testified credibly that only one copy of                            
            Notice 1214 is kept in the file of a taxpayer (or taxpayers in                             
            the case of a joint return), notwithstanding the number of copies                          
            of that notice that are actually sent to the taxpayer(s).  We                              
            conclude and hold that the notices of deficiency mailed to                                 
            petitioners’ last known address were valid.  In so concluding, we                          
            reject without further discussion petitioners’ assertion that all                          
            information required by section 6212(a) must be included on the                            
            face of the notice of deficiency in order to comply with that                              
            section.                                                                                   
                  Petitioners argue alternatively that their petition to this                          
            Court was timely because they filed the lawsuit in the District                            
            Court within the applicable 90-day period.  We disagree.  The                              
            fact that a taxpayer files a lawsuit in a Federal District Court                           
            challenging a notice of deficiency does not mean that a later                              
            petition to this Court is considered filed as of the earlier                               
            filing in District Court.  See Brave v. Commissioner, 65 T.C.                              
            1001 (1976); see also exhibit 3 (Notice of deficiency issued to                            





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