- 10 - 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 merePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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