- 8 - To comply with section 6223(a), the Commissioner is required to use the names, addresses, and profits interests of the partners shown on the partnership return for the year in issue, as modified by any additional information supplied in accordance with regulations. Triangle Investors Ltd. Partnership v. Commissioner, 95 T.C. 610, 613 (1990); sec. 301.6223(c)-1T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 6784 (Mar. 5, 1987). As is true with a notice of deficiency, the validity of a properly mailed FPAA does not depend on its actual receipt. Crowell v. Commissioner, supra at 692; cf. Yusko v. Commissioner, 89 T.C. 806, 810 (1987); Balkissoon v. Commissioner, 995 F.2d 525, 528-529 (4th Cir. 1993), affg. T.C. Memo. 1992-322. Respondent's use of certified mail to send the FPAA to petitioner was improper. Petitioner resided abroad, and U.S. postal regulations did not allow the use of certified mail for overseas delivery. Sec. 912.42 of the Domestic Mail Manual, Issue 45, December 20, 1992; see also International Mail Manual, Issue 12, July 8, 1993, at 550; cf. Rogers v. Commissioner, 59 T.C. 711 (1972). For that reason, respondent’s internal 2(...continued) Respondent’s practices differ, however, when it comes to sending FPAA’s and notices of deficiency abroad. Whereas sec. 4462.1 of the Internal Revenue Manual prohibits the use of certified mail to send a notice of deficiency abroad, the Manual does not distinguish between an FPAA sent in the United States and an FPAA sent abroad. See 2 Audit, Internal Revenue Manual (CCH), sec. 4462.1, at 7900.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011