Sarah R. Elgart and Stephen K. Glassman - Page 7

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          it directs that all original notices and written communications             
          be sent to the taxpayer at the attorney's address.  See D'Andrea            
          v. Commissioner, 263 F.2d 904 (D.C. Cir. 1959); Reddock v.                  
          Commissioner, 72 T.C. 21 (1979); Lifter v. Commissioner, 59 T.C.            
          818, 821 (1973).                                                            
               The Forms 2848 executed by the parties in the above-cited              
          cases directed the taxpayers to choose between having originals             
          or copies of all notices and written communications sent to their           
          representatives.  The new Form 2848, which was revised in March             
          of 1991 and which is involved in this case, provides simply that            
          "notices and other written communications will be sent" to the              
          taxpayer's designee.  We have previously held that such language            
          is sufficient to render the address of the taxpayer's                       
          representative as the "last known address" of the taxpayer.  See            
          Honts v. Commissioner, T.C. Memo. 1995-532.                                 
               Even if a validly executed power of attorney directs that              
          all notices and communications relating to the taxpayers be                 
          delivered to the attorney, the failure to send a notice of                  
          deficiency to the attorney, as directed, is not necessarily                 
          fatal.  See Paul v. Commissioner, T.C. Memo. 1985-21.  It is                
          clearly established that if mailing results in actual notice                
          without prejudicial delay, the notice of deficiency meets the               
          conditions of section 6212(a) no matter what address was used.              
          McKay v. Commissioner, 886 F.2d 1237 (9th Cir. 1989), affg. 89              





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