Dean P. Munoz - Page 8




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            Abeles v. Commissioner, supra; Keeton v. Commissioner, 74 T.C.                             
            377, 382 (1980); Alta Sierra Vista, Inc. v. Commissioner, 62 T.C.                          
            367, 374, affd. without published opinion 538 F.2d 334 (9th Cir.                           
            1976).                                                                                     
                  There is nothing in the record to demonstrate that                                   
            petitioner gave respondent clear and concise notice of any change                          
            of address.  Indeed, the record indicates that petitioner has at                           
            all relevant times regarded, and held out, the Ulloa Street                                
            address as his home address.                                                               
                  On the other hand, respondent was informed in June 1997,                             
            before the notices were mailed, that petitioner was stationed                              
            overseas in Korea on a military assignment.  We must decide,                               
            therefore, whether respondent exercised due diligence in mailing                           
            the notices to the Ulloa address.  For the following reasons, we                           
            conclude that respondent exercised the requisite diligence.                                
                  First, accepting petitioner’s allegation that he did not                             
            receive the notices of deficiency upon their mailing in October                            
            and December 1997, we observe that there is nothing in the record                          
            to indicate what petitioner’s actual address was at those times.                           
                  Second, respondent searched respondent’s computer records in                         
            June 1997, and such search confirmed petitioner’s current address                          
            as the Ulloa Street address.                                                               









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