Nemat Mostaan - Page 4

                                        - 4 -                                         
          notice is nonetheless valid if the taxpayer receives actual                 
          notice of the Commissioner's deficiency determination in a timely           
          fashion; i.e., without prejudicial delay.  See Clodfelter v.                
          Commissioner, 527 F.2d 754 (9th Cir. 1975), affg. 57 T.C. 102               
          (1971); Mulvania v. Commissioner, 81 T.C. 65, 68-69 (1983), affd.           
          769 F.2d 1376 (9th Cir. 1985).                                              
          1.  Last Known Address                                                      
          As noted above, under section 6212 a notice of deficiency is                
          sufficient if it is mailed to the taxpayer's last known address             
          by certified or registered mail.                                            
          Neither section 6212 nor the regulations thereunder define a                
          taxpayer's "last known address".  Generally, a taxpayer's last              
          known address is the address to which, in light of all                      
          surrounding facts and circumstances, the Commissioner reasonably            
          believed the taxpayer wished the notice of deficiency to be sent.           
          Monge v. Commissioner, supra at 27-28.  A taxpayer's last known             
          address is determined at the time the Commissioner mails the                
          notice of deficiency, and a notice mailed to the last known                 
          address is valid even if the Commissioner later receives                    
          information showing that the taxpayer resides at a different                
          address.  See sec. 6212(b)(1); Monge v. Commissioner, supra at              
          33; Abeles v. Commissioner, supra at 1035.                                  
          In Abeles v. Commissioner, supra at 1035, we held that the                  
          Commissioner is entitled to treat the address shown on a                    
          taxpayer's most recent return as the taxpayer's last known                  




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011