George A. Lovenguth - Page 3




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          connected disabled veteran.  This triggered a large, lump-sum               
          payment (much of which Lovenguth set aside for his son’s future             
          education) followed by periodic disability checks.  He remained             
          hospitalized off and on until early 1994.                                   
          During this time, the Commissioner sent him two notices of                  
          deficiency: the first, sent in December 1991, asserted a                    
          deficiency of a little over $1,000 for 1988; the second, sent in            
          May 1992, asserted a deficiency of about $4,000 for 1989.                   
          Lovenguth apparently never received the notice of deficiency for            
          1988, and so he never filed a petition.  He did manage to file a            
          timely petition for the 1989 year.  Although a notice for                   
          Lovenguth’s court date was sent, Lovenguth claims that he never             
          received it.  Given that he was involuntarily committed when it             
          was sent, this is at least plausible.  Our own records show that            
          we dismissed his case when he failed to appear after it was                 
          called from the calendar.  Though the merits of the notices of              
          deficiency for both the 1988 and 1989 tax years were never                  
          adjudicated, the Commissioner assessed both deficiencies under              
          the default rules in the Code.                                              
          After making these assessments, the Commissioner sent                       
          several notices to Lovenguth’s last known address to try to                 
          collect.  His last known address, though, was the home that he              
          had shared with his former wife many years before.  Their                   
          relationship had not improved with his mental illness and                   







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