- 16 - “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 anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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