Theolia Millsap - Page 10

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                  In contrast, petitioner contends that his last known address                          
            was either the Landrum Place address or "114 Nourcross Way".                                
            Because no notice of deficiency was sent to him at either such                              
            address, and further because he allegedly did not receive any                               
            notice of deficiency, petitioner contends that the notices of                               
            deficiency that were issued by respondent are invalid.6                                     
                  The record in this case convincingly demonstrates that                                
            either the Atteiram Drive address or the East 11th Street address                           
            was petitioner's last known address.  In view of the fact that                              
            respondent mailed duplicate original notices of deficiency to                               
            each such address, we need not decide whether the Atteiram Drive                            
            address or the East 11th Street address was petitioner's last                               
            known address.                                                                              
                  In January 1993, petitioner filed his 1989 and 1991 income                            
            tax returns.  Both of those returns listed the East 11th Street                             
            address as petitioner's home address, and those returns were the                            
            ones that most recently preceded the mailing of the notices of                              
            deficiency on June 11, 1993.  Therefore, in the absence of clear                            
            and concise notice of a change of address, the East 11th Street                             



                  6  As previously mentioned, actual receipt of a notice of                             
            deficiency by a taxpayer is immaterial if the notice is mailed to                           
            the taxpayer at the taxpayer's last known address.  King v.                                 
            Commissioner, 857 F.2d 676, 679 (9th Cir. 1988), affg. 88 T.C.                              
            1042 (1987); Yusko v. Commissioner, 89 T.C. 806, 810 (1987);                                
            Frieling v. Commissioner, 81 T.C. 42, 52 (1983).                                            




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