9 if a taxpayer receives actual notice without prejudicial delay. Frieling v. Commissioner, supra. Petitioner contends that the notice of deficiency is invalid because it was not mailed to his "last known address". He argues that the power of attorney filed on December 18, 1991, notified respondent that his last known address was that of his accountants. To the contrary, respondent argues that petitioner's "last known address" was the Mansfield address based on his 1989 return, his most recent return filed prior to the issuance of the notice of deficiency. Where a taxpayer files a power of attorney with the Internal Revenue Service (IRS) that directs the IRS to send originals of all communications to the address of the named representative, such address constitutes the taxpayer's "last known address" for purposes of section 6212(b)(1). Reddock v. Commissioner, 72 T.C. 21 (1979)(citing D'Andrea v. Commissioner, 263 F.2d 904 (D.C. Cir. 1959)); Lifter v. Commissioner, 59 T.C. 818, 821 (1973).5 We have further held that if the power of attorney directs only copies of notices and communications be sent to the taxpayer's representative, then to do so is a mere courtesy extended by the Commissioner. Triangle Investors Ltd. Partnership v. Commissioner, 95 T.C. 610, 616 (1990); Houghton v. Commissioner, 5 See also Hwang v. Commissioner, T.C. Memo. 1992-403; Payne v. Commissioner, T.C. Memo. 1992-22; Smith v. Commissioner, T.C. Memo. 1989-508; Rev. Proc. 61-18, 1961-2 C.B. 550.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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