Frank Lopez - Page 7




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          (9th Cir. 1984); Abeles v. Commissioner, 91 T.C. 1019, 1032                 
          (1988).                                                                     
               Because of the large number of tax returns filed with                  
          respondent on or around April 15 and as a matter of “practical              
          operational necessity”, respondent is allowed, after receipt, a             
          reasonable period of time to process and to post to respondent’s            
          computer systems new addresses of taxpayers.  Williams v.                   
          Commissioner, 935 F.2d 1066, 1068 (9th Cir. 1991), affg. T.C.               
          Memo. 1989-439.  Whether respondent exceeded a reasonable period            
          of time to process and to post new addresses involves a question            
          of fact.  Id.                                                               
               Petitioner contends:  (1) That respondent’s May 17, 1999,              
          Levy Letter was not mailed to his last known address; (2) that he           
          did not receive the May 17, 1999, Levy Letter mailed to his                 
          Desert Inn address; (3) that respondent’s May 17, 1999, Levy                
          Letter did not constitute proper notice of his right to a CDP               
          hearing with regard to the levy notice; and (4) that we therefore           
          should enjoin respondent’s proposed levy.                                   
               We disagree.  Particularly in light of the fact that                   
          petitioner’s 1998 Federal income tax return constituted an                  
          incomplete return, a 32-day period did not exceed a reasonable              
          period of time for respondent to post petitioner’s Nightflower              
          address to respondent’s computer system.  Rev. Proc. 90-18,                 
          1990-1 C.B. 491, 494.  Accordingly, respondent, in this case, was           






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