William R. Duren - Page 2

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          Background                                                                  
               Petitioner timely electronically filed his 1997 Federal                
          income tax return.  On his 1997 tax return, petitioner listed his           
          address as 992 1/2 East 46th St., Los Angeles, CA 90011 (L.A.               
          address).                                                                   
               On or about March 13, 1999, petitioner was incarcerated in             
          California State prison.  Petitioner was imprisoned in facilities           
          at the following locations:  (1) Delano, California, from March             
          until May 1999, (2) Susanville, California, from May 1999 until             
          June 2000, (3) Soledad, California, from June 2000 until                    
          September 2001, and (4) Norco, California, from September 2001              
          until February 2002.                                                        
               Prior to his incarceration, petitioner obtained a post                 
          office box for all his mail to be sent while he was incarcerated.           
          The post office box address was P.O. Box 1830, Hawthorne, CA                
          90251-1830 (Hawthorne address).  Petitioner gave keys to the post           
          office box to his mother and sister so they could pick up his               
          mail for him.  At the time he was incarcerated, however,                    
          petitioner did not advise respondent of a change of address.                
               On June 23, 1999, respondent received a Form 1040, U.S.                
          Individual Income Tax Return, for 1998 bearing petitioner’s name            
          (1998 Form 1040).  The front page of the 1998 Form 1040 listed              
          petitioner’s address as P.O. Box 1830, Los Angeles, California              








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