Janice A. Plekan - Page 4

                                        - 4 -                                         

          nor the regulation promulgated thereunder defines what                      
          constitutes a taxpayer's "last known address".  Generally, a                
          taxpayer's last known address is the address shown on her most              
          recently filed and properly processed return, absent clear and              
          concise notice of a different address.  Abeles v. Commissioner,             
          91 T.C. 1019, 1035 (1988); Alta Sierra Vista, Inc. v.                       
          Commissioner, 62 T.C. 367, 374 (1974), affd. without published              
          opinion 538 F.2d 334 (9th Cir. 1976).  The focus is on what the             
          Commissioner knew or should have known at the time the notice of            
          deficiency was mailed.                                                      
               Petitioner has the burden of proving that the notices of               
          deficiency were not sent to her last known address.  Yusko v.               
          Commissioner, 89 T.C. 806, 808 (1987).  Petitioner's most                   
          recently filed Federal income tax return prior to the mailing of            
          the notices of deficiency was for taxable year 1981.  Petitioner            
          asserts that the address shown on that return was 9335 S.W.                 
          Downing, Portland, Oregon, and she contends that this was her               
          last known address at the time the notices of deficiency were               
          mailed.  Petitioner has failed to convince us of this fact                  
          through her testimony or otherwise.                                         
               Petitioner did not produce a copy of her Federal income tax            
          return for the taxable year 1981.  Respondent destroyed                     
          petitioner's original returns filed for 1979 and 1981 in                    
          accordance with respondent's procedures.  Petitioner does not               





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

Last modified: May 25, 2011