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Second, although petitioner claims he diligently searched
for PTSI after 1993, the only evidence of specific attempts to
contact PTSI are the letters petitioner sent in 1999 and 2005.
Petitioner did not describe what additional efforts, if any, he
made to find PTSI, the corporation, or Mr. Stern. Furthermore,
while petitioner emphasizes that his 1999 and 2005 letters were
returned to him, it appears that both letters were sent to
outdated addresses. Petitioner sent his 1999 letter to the
Glenview address listed in the agreement. It is not clear when
PTSI stopped using this address; however, the 1999 letter was
returned and marked “Unable to forward”. Had the letter been
marked “Refused”, it might have supported petitioner’s contention
that Mr. Stern was unwilling to accept petitioner’s
correspondence. As it stands, the returned letter suggests only
that PTSI had moved before the 1999 letter was sent and was no
longer receiving forwarded mail from the Glenview address.
With respect to petitioner’s 2005 letter, Mr. Stern’s letter
indicates PTSI stopped using the Grayslake address in April 2004.
The record does not explain why the Appeals officer’s letter was
forwarded to the corporation while petitioner’s letter was not;
however, this seeming anomaly does not establish that the
corporation or Mr. Stern was attempting to avoid contact with
petitioner.
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Last modified: May 25, 2011