- 6 - the notice of deficiency to them at their last known address. We disagree. Although the phrase "last known address" is not defined in the Internal Revenue Code or in the regulations thereunder, we have held that a taxpayer's last known address is the address shown on the taxpayer's most recently filed return, absent clear and concise notice of a change of address. Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988); see King v. Commissioner, supra at 681. The burden of proving that a notice of deficiency was not sent to a taxpayer at the taxpayer's last known address is on the taxpayer. Yusko v. Commissioner, supra at 808. Contrary to petitioners' view of the matter, we conclude that the notice of deficiency was mailed to them at their last known address. In this regard, respondent mailed duplicate notices of deficiency to petitioners. One of the notices was mailed to the address appearing on their 1992 tax return (the Hale St. address) and the other notice was mailed to the address appearing on the Form 4868 (in respect of the taxable year 1993) that petitioners filed with respondent on April 15, 1994 (the Girard St. address). The record clearly shows that petitioners' 1992 tax return was the last tax return that petitioners filed before the notice of deficiency was issued. Moreover, petitioners failed to produce any evidence showing that theyPage: Previous 1 2 3 4 5 6 7 Next
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