Dean P. Munoz - Page 5




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            authorizes the Commissioner, after determining a deficiency, to                            
            send a notice of deficiency to the taxpayer by certified or                                
            registered mail.  A notice of deficiency is sufficient if it is                            
            mailed to the taxpayer at the taxpayer's last known address.  See                          
            sec. 6212(b)(1).  If the notice is mailed to the taxpayer at the                           
            taxpayer's last known address, actual receipt of the notice by                             
            the taxpayer is immaterial.  See King v. Commissioner, 857 F.2d                            
            676, 679 (9th Cir. 1988), affg. 88 T.C. 1042 (1987); Yusko v.                              
            Commissioner, 89 T.C. 806, 810 (1987); Frieling v. Commissioner,                           
            81 T.C. 42, 52 (1983).  In turn, the taxpayer has 90 days or, as                           
            here, 150 days if the notice is addressed to a person outside the                          
            United States,3 from the date that the notice is mailed to file a                          
            petition for a redetermination of the deficiency.  See sec.                                
            6213(a); see also sec. 7502 (treating timely mailing as timely                             
            filing).                                                                                   
                  It is clear in the present case that the petition was not                            
            filed in respect of either notice of deficiency within the                                 
            requisite 150-day period.  Petitioner suggests, however, that his                          
            status as an active-duty member of the Armed Forces entitled him                           
            to a greater period within which to file his petition.                                     


            3 In Looper v. Commissioner, 73 T.C. 690, 692-696 (1980), we                               
            held that the phrase “outside the United States” modifies both                             
            “addressed” and “person”.  Accordingly, petitioner was entitled                            
            to the 150-day period to file a petition because he was “outside                           
            the United States” at the time that each notice of deficiency was                          
            mailed.                                                                                    




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