Gregory Alan Lindstrom - Page 2




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          use the last known address is not cured by petitioner's actual              
          receipt, because petitioner had insufficient time after receipt             
          to file a petition; and, in the alternative, that the petition              
          was timely.  The Court conducted a hearing at which the parties             
          proffered evidence in support of their respective positions.                
                                     Background                                       
               At the time the petition was filed, petitioner, Gregory Alan           
          Lindstrom, resided in Massachusetts.                                        
               In January 2006, petitioner moved from 954 State Route 20,             
          New Lebanon, New York 12125 (New Lebanon address) to 38 Ensign              
          Street, Dalton, Massachusetts 01226 (Dalton address).  Petitioner           
          filed a Change of Address form with the U.S. Postal Service                 
          (USPS) indicating his move to the Dalton address on January 27,             
          2006.  Petitioner subsequently moved from the Dalton address to             
          241 2nd Street, Pittsfield, Massachusetts 01201 (Pittsfield                 
          address) prior to his receipt of the notice of deficiency and               
          again notified the USPS of his change of address.                           
               Respondent mailed a notice of deficiency with respect to               
          petitioner's 2002 taxable year to the New Lebanon address.                  
          Respondent's receipt for certified mail1 records that the notice            
          of deficiency was deposited with the USPS on August 14, 2006,               
          which is also the date on the face of the notice.  No postmark              
          appears on the envelope in which the notice of deficiency was               


               1 USPS Form 3877, Firm Mailing Book for Accountable Mail.              





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