Thomas R. Camerato - Page 16




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          “best address” to use was his Carnegie Mellon University address,           
          (3) gave no formal written notice to respondent of his change of            
          address, and (4) offered no evidence that respondent ever used or           
          acknowledged his change of address, we hold that respondent                 
          committed no error, and in any event no error of a ministerial              
          nature, by mailing the notice of deficiency to the address on               
          petitioner’s most recently filed Federal income tax return.                 
               In addition, even if petitioner had effected a change of               
          address, the evidence suggests that petitioner improperly refused           
          delivery of the notice of deficiency.  Petitioner claims he did             
          not move to California until May 1995--long after the deficiency            
          notice was sent to him by certified mail on April 4, 1995, and              
          would have been delivered to him in the ordinary course, if                 
          claimed by him.  Respondent has submitted evidence that                     
          petitioner was seeking to avoid receiving correspondence from               
          respondent.  According to notes of respondent’s telephone calls             
          with petitioner on October 28, 1994 and November 16, 1994,                  
          petitioner demanded that respondent stop sending him                        
          correspondence regarding the deficiency.  These telephone logs,             
          combined with proof that the certified letters were sent to                 
          petitioner at a then-current address and were returned by the               
          Postal Service unclaimed, suggest that petitioner made a                    
          conscious decision not to pick up from the Postal Service the               
          certified letter from respondent.  Petitioner has not offered any           






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