Keith Lee Wilson - Page 11

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          Id. at 59.  Distinguishing other cases, the Court observed that              
          "The filing of the petition was timely in all of those cases and             
          obviously the taxpayer had suffered no damage and had lost no                
          right as a result of the error in the address.  However, those               
          cases do not justify a holding here that Heaberlin had waived                
          anything by filing a petition after the expiration of the 90                 
          days".  Id.                                                                  
               In Mulvania v. Commissioner, supra, the taxpayer had actual             
          notice, through his accountant (who had received a copy), that a             
          notice of deficiency had been sent to him.  The notice was sent              
          to St. Linda Isle Drive rather than to the taxpayer's correct                
          address at 57 Linda Isle Drive.  However, affirming the Tax                  
          Court's order of dismissal, the Court of Appeals concluded that              
          "The IRS is not forgiven for its clerical errors or for mailing              
          notice to the wrong party unless the taxpayer, through his own               
          actions, renders the Commissioner's error harmless.  In this                 
          case, the notice of deficiency became null and void when it was              
          returned to the IRS undelivered."  Id. at 1380.                              
               In Council v. Burke, supra, the taxpayers did not file a                
          timely petition and challenged the validity of a misaddressed                
          notice of deficiency.  In that case, the Commissioner offered                
          testimonial evidence, similar to that offered here, that the                 
          letter carrier might have delivered the notice of deficiency to              
          the correct address even though it was misaddressed.  The                    





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