Larry Lee Schake - Page 6




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               Petitioner challenges the validity of the notice of                    
          determination on the ground that it was not mailed to his                   
          “correct address”.  The record shows otherwise.  Specifically,              
          the notice of determination was mailed to the same address that             
          petitioner listed as his return address both on his request for             
          an administrative hearing and in the petition that he filed with            
          the Court.  Petitioner has not identified any other address to              
          which the notice of determination should have been mailed.                  
          Accordingly, we conclude that the notice of determination was               
          mailed to petitioner at his last known address.  See secs.                  
          6320(a)(2)(C), 6330(a)(2)(C); see also Abeles v. Commissioner, 91           
          T.C. 1019, 1035 (1988); sec. 301.6212-2, Proced. & Admin. Regs.             
               Under the circumstances, the issue remaining for decision is           
          whether the petition was timely filed.  The record shows that               
          respondent mailed the notice of determination to petitioner on              
          December 11, 2001.  Consequently, the 30-day period for filing a            
          timely petition with the Court expired on Thursday, January 10,             
          2002, a date that was not a legal holiday in the District of                
          Columbia.  The petition in this case was received and filed by              
          the Court on February 7, 2002, and arrived at the Court in an               
          envelope bearing a U.S. Postal Service postmark date of January             
          11, 2002.  Because the petition was mailed to the Court one day             
          after the expiration of the 30-day filing period, it follows that           








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