- 6 - AND POWER OF ATTORNEY”, executed by petitioner under oath before a notary public on May 7, 1995. This latter document listed petitioner’s address as the Richardson Heights address. On October 25, 1995, respondent mailed to petitioner a notice of deficiency determining deficiencies in petitioner’s Federal income taxes for 1990, 1991, and 1992, in the amounts of $16,605, $21,569, and $20,786, respectively, and additions to tax under sections 6651(a)(1) and 6654(a) for each of those years. Respondent provided the Court with U.S. Postal Service Form 3877 (certified mail list) showing that respondent mailed the foregoing notice to petitioner at the following three addresses: (1) the N. Central address; (2) the Richardson Heights address; and (3) 397 DalRich Village #291, Richardson, Texas 75080 (the DalRich Village address).5 A copy of the notice was also mailed to Mr. Kotmair. Respondent has no record that the notice of deficiency for 1990 through 1992 was returned to respondent by the U.S. Postal Service undelivered. Petitioner failed to file a petition with the Court challenging the notice of deficiency for 1990 through 1992. 5 Respondent erroneously stated in the supplement, filed Sept. 18, 2001, to his pending motion that the notice of deficiency for 1990 through 1992 was mailed to petitioner on Oct. 15, 1995. We rely on the postmark on U.S. Postal Service Form 3877 as proof that the notice was mailed on Oct. 25, 1995. See Magazine v. Commissioner, 89 T.C. 321 (1987). We note further that the notice itself is dated Oct. 25, 1995.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011