Nemat Mostaan - Page 5

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          address, absent clear and concise notification of an address                
          change.  When a taxpayer changes his address, the taxpayer must             
          notify the Commissioner of the change or else accept the                    
          consequences.  Alta Sierra Vista, Inc. v. Commissioner, 62 T.C.             
          367, 374 (1974), affd. without published opinion 538 F.2d 334               
          (9th Cir. 1976).  To supplant the address on the most recent                
          return, the taxpayer must clearly indicate that the former                  
          address is no longer to be used.  Tadros v. Commissioner, supra             
          at 92; White v. Commissioner, T.C. Memo. 1990-528.                          
          In the present case the record shows that the notice of                     
          deficiency was mailed to the address on petitioner's most recent            
          return, and petitioner has failed to show that he notified                  
          respondent of a change of address.                                          
          The deficiency notice was mailed to petitioner at 2407                      
          Lascar Place, San Jose, CA 95124 (2407 Lascar), the address                 
          listed as petitioner's home address on the 1992 tax return that             
          he filed on August 17, 1993, and also on the amended return for             
          1992 that he filed on December 15, 1993.  At the time of the                
          hearing on respondent's motion to dismiss, petitioner had not yet           
          filed a return for 1993.  Petitioner's return for 1994 was not              
          yet due when the deficiency notice was mailed, and petitioner               
          concedes that as of the end of 1995 he had not filed a return for           
          any year after 1992.                                                        
          Petitioner argues that he moved from 2407 Lascar to 13                      
          Skylark Drive, Apt. 5, Larkspur, CA 94939 (13 Skylark Drive) in             




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