Gary R. Davis - Page 8

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          IRS.  Although petitioner notes correctly that respondent                   
          initially mailed the examination notice to petitioner at an                 
          address different from that shown in respondent’s records, the              
          most critical fact is that respondent correctly mailed both the             
          30-day letter and the Letter 1912(DO) to petitioner’s most                  
          recently reported address approximately 9 months and 4 months,              
          respectively, before issuing the notice of deficiency.  The                 
          30-day letter (and possibly the Letter 1912(DO)), and not the               
          examination notice, allowed petitioner the opportunity to confer            
          with Appeals as to 2000 before the notice of deficiency was                 
          issued.  Even if petitioner failed to receive either of these               
          letters, as he claims but which we decline to find as a fact, it            
          was not as he claims due to respondent’s lack of diligence; it              
          was due to petitioner’s own action of reporting 4302 Callahan as            
          his address on his 2001 joint return.3                                      



               3 Although we do not countenance the fact that respondent              
          mailed the examination notice to petitioner at an address that              
          was inconsistent with the address shown in respondent’s records,            
          and thus may have deprived petitioner of an opportunity to settle           
          this matter at the examination level, an award of litigation                
          costs does not necessarily follow from that action.  A                      
          prerequisite to petitioner’s award of litigation costs is that he           
          have participated in an Appeals Office conference, unless one was           
          not available, before petitioning this Court.  We find as a fact            
          that an Appeals Office conference was available in that                     
          respondent mailed both the 30-day letter and the Letter 1912(DO)            
          to petitioner’s most recently reported address approximately 9              
          months and 4 months, respectively, before issuing the notice of             
          deficiency.  While petitioner claims to have failed to receive              
          either of these letters, it was due to his own action of                    
          reporting 4302 Callahan as his address on his 2001 joint return.            




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