- 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 knownPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011