- 5 - address, absent clear and concise notification of an address change. When a taxpayer changes his address, the taxpayer must notify the Commissioner of the change or else accept the consequences. Alta Sierra Vista, Inc. v. Commissioner, 62 T.C. 367, 374 (1974), affd. without published opinion 538 F.2d 334 (9th Cir. 1976). To supplant the address on the most recent return, the taxpayer must clearly indicate that the former address is no longer to be used. Tadros v. Commissioner, supra at 92; White v. Commissioner, T.C. Memo. 1990-528. In the present case the record shows that the notice of deficiency was mailed to the address on petitioner's most recent return, and petitioner has failed to show that he notified respondent of a change of address. The deficiency notice was mailed to petitioner at 2407 Lascar Place, San Jose, CA 95124 (2407 Lascar), the address listed as petitioner's home address on the 1992 tax return that he filed on August 17, 1993, and also on the amended return for 1992 that he filed on December 15, 1993. At the time of the hearing on respondent's motion to dismiss, petitioner had not yet filed a return for 1993. Petitioner's return for 1994 was not yet due when the deficiency notice was mailed, and petitioner concedes that as of the end of 1995 he had not filed a return for any year after 1992. Petitioner argues that he moved from 2407 Lascar to 13 Skylark Drive, Apt. 5, Larkspur, CA 94939 (13 Skylark Drive) inPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011