Justice James and Lisa Onah - Page 8

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          even know when that letter was mailed, much less when it was                
          received.  Moreover, even if respondent had received the July 9,            
          1996, letter several days later, it is unlikely that there would            
          have been sufficient time to update petitioners’ address into               
          respondent’s computer records.3  See Williams v. Commissioner,              
          T.C. Memo. 1989-439, affd. 935 F.2d 1066 (9th Cir. 1991).                   
               Accordingly, we find that petitioner’s last known address on           
          July 18, 1996, was the Studio City address, and that the 1993               
          notice of deficiency was sent to petitioner’s last known address.           
          Accordingly, we hold that the petition is untimely filed with               
          respect to 1993, and respondent’s motion will be granted.4                  

                                                       An appropriate order           
                                                  will be issued.                     







          3  We also have our doubts regarding the veracity of                        
          petitioner’s testimony regarding receipt of the 1993 notice of              
          deficiency.  We question why petitioner did not receive the 1993            
          notice of deficiency much earlier than December, if he in fact              
          stopped at his former address “from time to time”.                          

          4  Although petitioner cannot pursue his 1993 case in this                  
          Court, he is not without remedy.  In short, petitioner may pay              
          the tax, file a claim for refund with the IRS, and if the claim             
          is denied, sue for a refund in the U.S. District Court or the               
          U.S. Court of Federal Claims.  See McCormick v. Commissioner, 55            
          T.C. 138, 142 (1970).                                                       




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