Elena Swain - Page 6




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          or collection (without assessment) of any tax, including income             
          taxes (the period of limitations).  The running of the period of            
          limitations, however, is suspended under section 6503(a)(1) by              
          “the mailing of a notice under section 6212(a)”.  Section 6212(a)           
          authorizes the Secretary, upon determining that there is a                  
          deficiency in income tax, to send a notice of deficiency “to the            
          taxpayer by certified mail or registered mail.”  Section                    
          6212(b)(1) provides that a notice of deficiency in respect of an            
          income tax “shall be sufficient” if it is “mailed to the taxpayer           
          at his last known address”.                                                 
               The parties have stipulated that the notice was mailed to              
          petitioner by certified mail less than 3 years after the 1996               
          Form 1040 was filed.  If the notice was mailed to petitioner at             
          her last known address, it was sufficient to suspend the running            
          of the period of limitations for 1996.  The address to which the            
          notice was sent corresponds to the address on the 1996 Form 1040            
          and to petitioner’s address on the petition.  Petitioner does not           
          claim that the notice was not mailed to her last known address,             
          and we conclude that the notice was mailed to petitioner at her             
          last known address.                                                         
               The period of limitations for 1996 did not expire before the           
          mailing of the notice, and that period was suspended by the                 
          mailing.  Summary adjudication is appropriate in respondent’s               








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