- 12 - If we were to hold that the Commissioner is obliged to regard the address shown on a Form 4868 as a taxpayer's current address, we would impose an unreasonable administrative burden on the Commissioner to record every address appearing on every Form 4868 for every taxpayer. Also, we would cause uncertainty by requiring the Commissioner to use an address that the taxpayer may not have communicated to him3 and that the taxpayer did not clearly direct the Commissioner to use. Cf. United States v. Zolla, 724 F.2d 808, 811 (9th Cir. 1984); Farnham v. Commissioner, T.C. Memo. 1991-642. Therefore, we have held that the taxpayer must clearly communicate that the new address should be used by respondent. E.g., King v. Commissioner, 857 F.2d at 681; Tadros v. Commissioner, 763 F.2d 89, 92 (2d Cir. 1985); Alta Sierra Vista, Inc. v. Commissioner, 62 T.C. 367, 374, affd. without published opinion 538 F.2d 334 (9th Cir. 1976); McCormick v. Commissioner, supra at 141. Petitioner relies on Sicari v. Commissioner, 136 F.3d 925 (2d Cir. 1998), vacating and remanding T.C. Memo. 1997-104, for the proposition that by filing the Forms 4868, he gave clear and concise notice to respondent of his change of address. We think that petitioner's reliance on Sicari v. Commissioner, supra, is misplaced. 3 It should be recalled that the taxpayer's signature is not required on a Form 4868 and that a preparer may file a Form 4868 without knowledge of the taxpayer.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011