Jack Alban Koerner - Page 9

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            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.                                                                                      





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