- 9 - of jurisdiction as to the taxable years 1991, 1992, and 1993 on the ground that respondent did not mail a notice of deficiency to petitioner for those years. Taxable Year 1990 There is no dispute that respondent mailed a notice of deficiency to petitioner for the taxable year 1990 on November 1, 1993. Further, it is evident that the petition was not filed within 90 days of the date of mailing of the notice of deficiency. Although we lack jurisdiction with respect to the 1990 tax year, we must decide whether to dismiss based upon an untimely petition or for the lack of a valid notice of deficiency. In this regard, we must consider petitioner's contention that jurisdiction is lacking due to respondent's failure to mail the notice of deficiency to his last known address. See Pietanza v. Commissioner, supra at 736. Although the phrase "last known address" is not defined in the Internal Revenue Code or in the regulations, we have held that a taxpayer's last known address is the address shown on the taxpayer's most recently filed return, absent clear and concise notice of a change of address. Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988). The burden of proving that a notice of deficiency was not sent to the taxpayer at his or her last known address is on the taxpayer. Yusko v. Commissioner, 89 T.C. at 808.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011