David Broomfield - Page 8

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               Respondent sent the notice of determination, dated January             
          30, 2003, by certified mail to the Wanda Avenue address on                  
          January 30, 2003.  The petition in this case was received by the            
          Court on March 21, 2003, in an envelope postmarked March 15, 20034          
          – that is, 50 and 44 days, respectively, after the date the                 
          notice of determination was issued and mailed.  Accordingly, our            
          jurisdiction depends on whether the Wanda Avenue address was                
          petitioner's last known address at the time the notice was                  
          mailed.                                                                     
               The Court of Appeals for the Seventh Circuit, where an                 
          appeal in this case would ordinarily lie, has indicated that a              
          taxpayer's last known address is the address which in light of              
          the circumstances the Commissioner reasonably believes is the               
          address at which the taxpayer wishes to be reached at the time              
          the notice of deficiency is sent.  Eschweiler v. United States,             
          946 F.2d 45, 49-50 (7th Cir. 1991); Goulding v. United States,              
          929 F.2d 329, 331 (7th Cir. 1991).  The Commissioner may rely on            
          the address found in the return being audited5 or the most recent           


               4 See sec. 7502(a)(1) and (2)(A); Rule 25(a).                          
               5  The Court of Appeals for the Seventh Circuit has not                
          adopted the position of this Court and other Courts of Appeals              
          that the address on the taxpayer's most recently filed return               
          generally constitutes the last known address.  Instead, the                 
          address on a subsequently filed return is relevant but not                  
          dispositive concerning the last known address.  Compare Ward v.             
          Commissioner, 907 F.2d 517, 521 (5th Cir. 1990) (most recent tax            
          return filed), revg. 92 T.C. 949 (1989); Cylcone Drilling Inc. v.           
                                                              (continued...)          




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