- 10 - sec. 362(a)(8), (c)(2) (Supp. II, 1978). The 90-day period expired on November 25, 1984. Sec. 6213(a). Petitioner did not file her petition in this case until April 28, 1995. Therefore, given a valid notice of deficiency, the petition must be dismissed for lack of jurisdiction as untimely. Secs. 6213(a), 7502; Rule 13(a), (c); see Pietanza v. Commissioner, supra at 735-736. However, if we should find that jurisdiction is lacking because respondent did not mail a valid notice of deficiency under section 6212, we would dismiss the case on that ground. Pietanza v. Commissioner, supra at 736. Petitioner argues that respondent's motion should be denied on the ground that the notice was not sent to her last known address. Neither section 6212 nor the regulations thereunder define a taxpayer's "last known address". A taxpayer's last known address is the address to which, in light of all surrounding facts and circumstances, the Commissioner reasonably believed the taxpayer wished the notice of deficiency to be sent. The practical refinement of this rule is that, generally, a taxpayer's last known address is that used on his most recent return, unless the taxpayer communicates to the Commissioner "clear and concise" notice of a change of address. Williams v. Commissioner, supra at 1067 (quoting United States v. Zolla, 724 F.2d 808, 810 (9th Cir. 1984)). When a taxpayer changes his address, the taxpayer must notify the Commissioner of the change or else accept the consequences. Alta Sierra Vista, Inc. v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011