- 2 - section 6212(b)(1).1 Respondent argues that the notice of deficiency in this case was mailed to petitioners’ last known address and that the petition was untimely because it was not filed within 90 days after the notice of deficiency was mailed. Petitioners argue that the notice of deficiency is invalid because it was not mailed to petitioners’ last known address and that the 3-year period of limitations on assessment has run. A hearing was held on the motions, and the parties submitted memoranda of law in support of their motions.2 We find that the notice was mailed to the last known address and therefore grant respondent’s motion and deny petitioners’ motion. On their petition, petitioners listed their address as c/o G. Braun Oyster Co., P.O. Box 971, Cutchogue, New York 11935, which is the workplace of petitioner James A. Andrews (petitioner). Petitioners have resided since 1988 at 772 Indian Neck Lane, Peconic, New York. Their correct mailing address since 1987, when they obtained their current post office box, has been P.O. Box 227, Peconic, New York 11958 (the Box 227 address). 1 Unless otherwise noted, all section references are to the Internal Revenue Code. 2 In their motion to dismiss, petitioners initially argued that respondent’s motion to dismiss was untimely and that the case should be dismissed in petitioners’ favor on that basis. At the hearing, petitioners withdrew this argument. The parties agreed at the hearing, and argue on brief, that the issue in the case is whether the notice of deficiency was sent to petitioners’ last known address.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011