- 13 - In Sicari, the taxpayers never moved, but the Postal Service refined the taxpayers' address twice within a period of 1 year. Although the Court of Appeals noted that the taxpayers had used the refined address on requests for extension filed with the Commissioner prior to the mailing of the notice of deficiency, this was not the primary basis of the Court of Appeals' holding that the Commissioner had not acted with the requisite reasonable diligence. Rather, the Court of Appeals based its holding on the following circumstances, all of which occurred before the mailing of the notice of deficiency: The taxpayer used the refined address on a petition filed in bankruptcy proceedings; the collection division of the IRS received prompt notice of the bankruptcy filing and entered the refined address in one of the Commissioner's computer databases; and the collection division proceeded to use the refined address in correspondence with the taxpayers and on proof of claim forms filed against the taxpayer in bankruptcy. It was only in light of such "extraordinary circumstances" and "on the precise facts of th[e] case" that the Court of Appeals held that the deficiency notice had not been mailed to the taxpayers' last known address. Id. at 926. Because such circumstances are not present in the instant case, we are not persuaded by petitioner's contention that by filing Forms 4868 he gave respondent clear and concise notice of a change of address.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