9 address. On the Form 8822 attached to petitioners' Motion to Submit Taxpayers' Filing Photocopy of Form 8822 Supplemental Pleading/Evidence to Petitioners' Simultaneous Briefs filed September 14, 1995, petitioners placed the following acknowledgment: Supplemental Pleading/Evidence, the owners' completed photocopy of Form 8822 as attached (The original was sent to IRS Office, Austin, Texas 73301 on April 10, 1993) shall be honorably submitted for legal review, pursuant to the Rule 41 of U.S. Tax Court Rules of Practice and Procedure for the Docket No. 3642-94. We have hereunto signed our names this 6th day of September 1995. Petitioners had their signatures notarized. Petitioners' motion was denied on September 18, 1995. Based on the record in this case, we find that respondent sent the notice of deficiency for 1988 and 1989 to petitioners' last known address. Petitioners' contention that respondent should have been aware of the Oliver Street address is untenable. The Fort Worth address appears to have been the one constant factor in respondent's dealings with these peripatetic petitioners in that petitioner's sister resided at that address at all times relevant herein, petitioner admits receiving actual notice of all correspondence sent there with the sole exception of the notice of deficiency, and on numerous documents filed with the IRS, including their most recently filed return prior to the issuance of the notice of deficiency, petitioners listed the Fort Worth address as their residence. Because the notice was notPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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