Keith K. Stroupe - Page 10

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          knowledge rather than to what may in fact be the taxpayer's most            
          current address."  Frieling v. Commissioner, supra at 49.  The              
          burden of proving that a notice of deficiency was not sent to the           
          taxpayer's last known address is on the taxpayer.  Yusko v.                 
          Commissioner, supra at 808.                                                 
               Respondent mailed one copy of the notice of deficiency to              
          the address listed on petitioner's 1986 return--the last tax                
          return filed by petitioner prior to the mailing of the notice of            
          deficiency on August 24, 1994.  Consequently, the notice of                 
          deficiency was mailed to petitioner's last known address unless             
          petitioner can demonstrate: (1) He provided respondent with clear           
          and concise notice of a change of address; or that (2) prior to             
          the mailing of the notice of deficiency, respondent knew of a               
          change in petitioner's address and did not exercise due diligence           
          in ascertaining petitioner's correct address.  See Abeles v.                
          Commissioner, supra.                                                        
               A.  Clear and Concise Notice of Change of Address                      
               Petitioner's contention that the notice of deficiency is               
          invalid rests partially on the contention that he gave clear and            
          concise notice of a change of address to respondent by filing               
          Forms 4868 for the years 1987 through 1994.  We disagree with               
          petitioner for several reasons.                                             
               First and foremost, petitioner has not established that he             
          listed the Kansas Address on any of the Forms 4868 that he filed            
          with respondent.  Second, we have repeatedly held that the mere             




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