Fred Sebastian - Page 5




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          Petitioner’s mail box is physically located on a rural road with            
          three other neighbors’ mail boxes and is in front of 860                    
          Broadmoor, which is two houses down from petitioner’s house.  The           
          notice of attempted delivery was recorded in Chaparral, New                 
          Mexico, 88081.  Additionally, the track and confirm receipt                 
          reflects that a second notice of attempted delivery was delivered           
          on April 11, 2005, at 4:26 p.m., and was recorded in Anthony, New           
          Mexico, 88021.  The track and confirm receipt provides that the             
          notice of determination was delivered in Chaparral, New Mexico,             
          88081, on April 13, 2005, at 9:44 a.m., which delivery date was             
          more than 30 days after the mailing of the notice of                        
          determination.4                                                             
               The notice of determination was delivered to a contract                
          postal unit located in the General Store in Chaparral, New                  
          Mexico.  In response to the second notice of attempted delivery,            
          petitioner requested that his certified letter be delivered to              
          the General Store.  It is unclear from the record the exact date            
          that petitioner retrieved the notice of determination from the              
          General Store.  It would have occurred, however, sometime after             




               4A taxpayer has 30 days after the issuance of the notice of            
          determination concerning collection action to petition this Court           
          for a redetermination.  See sec. 6330(d)(1).  The notice of                 
          determination was mailed to petitioner on March 10, 2005.  Taking           
          into account an intervening weekend, the 30th day thereafter was            
          Monday, Apr. 11, 2005.  See sec. 7503.                                      





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