- 12 - Given the conflicting information submitted to respondent by petitioners, respondent’s efforts at clarification, and petitioners’ failure to respond, we believe that respondent exercised reasonable diligence in attempting to ascertain petitioners’ correct address, particularly in light of the brief period between the time respondent first became aware of a discrepancy in the addresses and the time when the 3-year period of limitations would expire. Unlike Sicari, the identity of the two addresses of which respondent was aware herein would not have been “apparent” upon comparison. Also, there is no evidence regarding which, if any, database maintained by respondent had been modified to reflect the Braun Co. address. The only evidence of respondent’s use of the Braun Co. address was his letter seeking clarification of petitioners’ conflicting address instructions. Given the ambiguity introduced by those instructions, we do not believe that respondent’s continued use of the old Box 227 address constitutes a lack of reasonable diligence. As the Court of Appeals stated in Sicari: faced with two addresses corresponding to different locations * * * the Service could not be faulted for using the old address under circumstances where it had no particular reason to know at which of the two different locations the taxpayer was living. * * * [Sicari v. Commissioner, supra at 929-930.] Nor was respondent required to send the notice to both addresses. “[R]easonable diligence does not require that the IRS send duplicate notices to every address of which it has knowledge.”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