Fred Sebastian - Page 10




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          where the error is so minor that it did not prevent delivery of             
          the notice.  Pickering v. Commissioner, supra (citing McMullen v.           
          Commissioner, T.C. Memo. 1989-455 and Kohilakis v. Commissioner,            
          T.C. Memo. 1989-366).  This Court has specifically held that an             
          error in the ZIP Code constitutes an inconsequential error and              
          does not affect the last known address.  Gam v. Commissioner,               
          T.C. Memo. 2000-115; Pickering v. Commissioner, supra; Watkins v.           
          Commissioner, T.C. Memo. 1992-6; Boothe v. Commissioner, T.C.               
          Memo. 1986-361.                                                             
               In the instant case, the Court concludes that the notice of            
          determination concerning collection action was mailed to                    
          petitioner’s last known address, and the incorrect ZIP Code is an           
          inconsequential error.  The address used to mail the notice of              
          determination is the same address listed by petitioner in his               
          correspondence with respondent and on Form 12153.6  The notice of           
          determination correctly listed petitioner’s name, street address,           
          city and State, but incorrectly provided the ZIP Code.7  See                
          Pickering v. Commissioner, supra; Boothe v. Commissioner, supra.            
          Despite the error, within 4 days of respondent’s mailing the                
          notice of determination, it was received by the Anthony, New                



               6Petitioner did not file a Federal tax return for any of the           
          taxable years 1995 through 2004.                                            
               7It is noteworthy that petitioner incorrectly listed his own           
          ZIP Code in correspondence with respondent.                                 





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