- 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