Justice James and Lisa Onah - Page 7

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          Commissioner, supra.  Although the Commissioner must exercise               
          reasonable diligence in ascertaining the taxpayer's correct                 
          address, the burden necessarily falls upon the taxpayer to keep             
          the Commissioner informed of his correct address.  Ramirez v.               
          Commissioner, 87 T.C. 643 (1986); Alta Sierra Vista, Inc. v.                
          Commissioner, supra.  As we have stated, "when a taxpayer changes           
          his address it is he who must notify the Commissioner of such               
          change or else accept the consequences".  Alta Sierra Vista, Inc.           
          v. Commissioner, supra at 374.                                              
              In this case, it is undisputed that petitioner’s last filed            
          return prior to the mailing of the 1993 notice of deficiency                
          reflected the Studio City address.  Accordingly, the Studio City            
          address was petitioner’s last known address unless petitioner               
          gave respondent clear and concise notification that his address             
          had changed.  Petitioner relies on the July 9, 1996, letter                 
          reflecting a new address in the upper right hand corner.  We do             
          not consider this clear and concise notification that                       
          petitioner’s address had changed.  King v. Commissioner, supra at           
          681; Alta Sierra Vista, Inc. v. Commissioner, supra.                        
               First, the letter is addressed to the Internal Revenue                 
          Service (IRS) at its general mailing address and is not addressed           
          to any particular department or individual.  The record does not            
          reflect what happens to letters so addressed.  Respondent does              
          not acknowledge having received that letter.  Indeed, we do not             





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