David Broomfield - Page 12

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          listed the Wanda Avenue address as his address on his Form 12153            
          submitted on May 29, 2002.6  See Schake v. Commissioner, T.C.               
          Memo. 2002-262 (address listed on request for hearing considered            
          in determining last known address for section 6330 purposes).               
               As the Wanda Avenue address was both the address reported in           
          petitioner’s most recently filed return and that listed in his              
          request for a hearing under section 6330, we conclude that it was           
          his last known address as of the commencement of his section 6330           
          hearing.7  The question becomes whether petitioner’s informing the          
          settlement officer of his pending incarceration caused any change           
          in the address that respondent was entitled to rely on as the               
          last known address when the notice of determination was mailed.             
          We conclude, in the circumstances of this case, that it does not.           
               According to the settlement officer's case notes and                   
          correspondence with petitioner, in a telephone conference                   


               6 In addition, petitioner responded to the settlement                  
          officer’s followup letter of Oct. 2, 2002, sent to the Wanda                
          Avenue address.  We note that the settlement officer sent the               
          Oct. 2, 2002, letter to the Wanda Avenue address only after                 
          verifying that address in respondent's computerized IDRS file               
          listings of taxpayer addresses, as petitioner had failed to                 
          respond to two earlier letters sent to the Wanda Avenue address             
          as followups to his request for a hearing.                                  
               7 Because the address reported in the most recently filed              
          return and that listed in the request for the sec. 6330 hearing             
          were the same, we have no occasion to consider whether the last             
          known address standard employed by the Court of Appeals for the             
          Seventh Circuit, which accords greater weight to the address on             
          the return currently under audit, should result in greater weight           
          being given to the address listed on the hearing request rather             
          than any different address in the most recently filed return.               




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