Charles T. and Joan B. Phillips - Page 13

                                       - 13 -                                         
          in ample time to file a petition with this Court, without regard            
          to whether the taxpayer resides at the address to which the                 
          notice was sent.  See Goodman v. Commissioner, 71 T.C. 974, 977             
          (1979); Patmon & Young Professional Corp. v. Commissioner, T.C.             
          Memo. 1993-143, affd. 55 F.3d 216 (6th Cir. 1995).  Thus, we must           
          determine whether petitioners received actual and timely notice             
          of the deficiency determination.  We hold that petitioners did              
          receive such notice.  A notice of deficiency is valid if mailed             
          to the wrong address but forwarded by the Postal Service and                
          actually received by the taxpayer without delay prejudicial to              
          the taxpayer's ability to file a timely petition.  Borgman v.               
          Commissioner, T.C. Memo. 1984-503, affd. 888 F.2d 916, 917-918              
          (1st Cir. 1989); Yusko v. Commissioner, 89 T.C. 806 (1987).                 
          Additionally, a taxpayer may not defeat actual notice by refusing           
          delivery of the deficiency notice, even if the notice were mailed           
          to the wrong address.  Patmon & Young Professional Corp. v.                 
          Commissioner, supra.                                                        
               In the instant case, delivery of the notices of deficiency             
          was not delayed; the Postal Service timely forwarded both notices           
          to the Brownway address.  Although petitioners deny that they               
          received the yellow slips from the Postal Service at the Brownway           
          address, petitioners acknowledge that they timely received other            
          mail sent to them by respondent at that address.  Additionally,             
          at the hearing, petitioner testified that he was unaware of any             
          problems in the delivery of mail to the Brownway address.                   




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011