- 8 - a notice sent to the last known address is valid whether or not the taxpayer actually receives it. See, e.g., United States v. Zolla, 724 F.2d at 810. Nothing in the Code required respondent to take additional steps to effectuate delivery of the instant notice of deficiency after it was returned undelivered by the post office. King v. Commissioner, 857 F.2d 676, 681 (9th Cir. 1988), affg. 88 T.C. 1042 (1987); Armstrong v. Commissioner, 15 F.3d 970 (10th Cir. 1994), affg. T.C. Memo. 1992-328; Pfeffer v. Commissioner, 272 F.2d 383 (2d Cir. 1959); Monge v. Commissioner, supra; McCart v. Commissioner, T.C. Memo. 1992-3, affd. without published opinion 981 F.3d 1247 (3d Cir. 1992). As a consequence, petitioners' arguments that respondent had an obligation to provide actual notice and that respondent did not exercise due diligence must fail. With respect to petitioners' reliance on Tulsa Professional Collection Servs., Inc. v. Pope, supra, the Court finds that case to be distinguishable from this case. The Tulsa case involved a "nonclaim" provision of the Oklahoma Probate Code, under which a creditor's claim against a decedent's estate would be completely extinguished unless the claim was presented to the executor or executrix within 2 months after the publication of notice of the beginning of probate proceedings. The creditor in that case, having failed to meet that 2-month deadline, successfully argued that notice by publication was insufficient to protect thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011