Deborah F. Robinson - Page 9

                                        - 9 -                                         
          As indicated, the parties disagree whether the notices of                   
          deficiency for 1988, 1989, and 1991 were mailed to petitioner at            
          her last known address as required by section 6212(b).                      
               The phrase "last known address" is not defined in the Code             
          or in the regulations.  We have held that a taxpayer's last known           
          address is the address shown on his or her most recently filed              
          return, absent clear and concise notice of a change of address.             
          Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988).  The burden of           
          proving that the notice of deficiency was not sent to the                   
          taxpayer at his or her last known address is on the taxpayer.               
          Yusko v. Commissioner, supra at 808.                                        
          Respondent contends that the Summit Avenue address was                      
          petitioner's last known address.  In contrast, petitioner                   
          contends that the P.O. Box 5072 address was her last known                  
          address.                                                                    
               The record in this case convincingly demonstrates that the             
          Summit Avenue address was petitioner's last known address on each           
          of the three dates on which a notice of deficiency was mailed.              
               At the times that the notices of deficiency were sent to               
          petitioner, respondent's files included correspondence from                 
          petitioner reflecting the Summit Avenue address as petitioner's             
          address.  Also, at the times that the notices of deficiency for             
          1989 and 1991 were sent to petitioner, respondent possessed                 
          petitioner's income tax return for 1988, petitioner's most                  






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011