Paul J. Kennedy - Page 7




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          Sec. 301.6212-2(a), Proced. & Admin. Regs.; see also Kennedy v.             
          Commissioner, supra at 260 n.4; Alta Sierra Vista, Inc. v.                  
          Commissioner, 62 T.C. 367, 374 (1974), affd. without published              
          opinion 538 F.2d 334 (9th Cir. 1976).                                       
               An inquiry into a taxpayer’s last known address is based on            
          the relevant facts and circumstances.  Weinroth v. Commissioner,            
          74 T.C. 430, 435 (1980).  If the Government has become aware of a           
          change of address, the Commissioner may not rely on the address             
          listed on the last-filed tax return but must exercise reasonable            
          care to discern the taxpayer’s correct address.  See, e.g., Pyo             
          v. Commissioner, 83 T.C. 626 (1984).  We examine what respondent            
          knew at the time the notice was issued, attributing “‘to                    
          respondent information which respondent knows, or should know,              
          with respect to a taxpayer’s last known address, through the use            
          of its computer system.’”  Buffano v. Commissioner, supra                   
          (quoting Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988)).                
               Respondent’s Collection Branch sent petitioner a Letter                
          2797, requesting petitioner’s assistance in updating its records.           
          While petitioner may not have been the most diligent                        
          taxpayer––having not filed returns since 1996––the record                   
          reflects that petitioner did respond to respondent’s request.               
          Upon receipt of the Letter 2797, petitioner checked the box to              
          indicate that the Kost Road address was his correct address.                
          Petitioner then sent the Letter 2797 back to respondent by                  







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