Fred Sebastian - Page 11




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          Mexico, U.S. Postal Service, and delivery to petitioner was                 
          attempted.                                                                  
               At trial, the Postmaster of Anthony, New Mexico, Bob Moulds            
          (Mr. Moulds) stated that a ZIP Code is not required for proper              
          delivery of an item, but does expedite delivery, and is                     
          considered part of the address once added.  See Watkins v.                  
          Commissioner, supra.  Mr. Moulds testified that the incorrect ZIP           
          Code in the address used to mail the notice of determination did            
          not affect the proper delivery of the notice to petitioner.                 
          Mr. Moulds stated that an item mailed from Austin, Texas, such as           
          the notice of determination, would not have had sufficient time             
          to be sent to the incorrect ZIP Code used in mailing the notice,            
          and then be sent to Anthony, New Mexico, in the span of 4 days.             
               Mr. Moulds testified that he believed the notice of                    
          determination was sent from Austin, Texas, to Albuquerque, New              
          Mexico, then to Las Cruces, New Mexico, and finally to Anthony,             
          New Mexico, which was the normal course of mail, despite the                
          error in the ZIP Code.  The tracking information presented to the           
          Court appears to confirm that the incorrect ZIP Code did not                
          adversely affect delivery of the notice of determination.                   
               Mr. Moulds also testified as to the usual procedure followed           
          for certified mail.  Certified mail is scanned at the U.S. Postal           
          Service Office and treated as an accountable.  Initially, the               
          mail carrier takes the accountable with him or her to the address           







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