- 14 - Petitioner further contends that respondent had clear and concise notice of the change of his address by virtue of the two Forms 1099-MISC reporting petitioner's income with respect to the 1994 taxable year. Again, we disagree with petitioner. First, neither of the Forms 1099-MISC on which petitioner relies was available to respondent prior to August 24, 1994, the date on which the notice of deficiency was mailed. Therefore, neither of those documents could have alerted respondent to any change in petitioner's address. See Abeles v. Commissioner, 91 T.C. 1019 (1988). Even assuming arguendo that respondent was in possession of such documents at the time the notice of deficiency was mailed, a third-party information return does not constitute clear and concise notice to respondent of an address change affecting the payee. See Guillen v. Barnes, 819 F.2d 975, 977 (10th Cir. 1987); Berg v. Commissioner, T.C. Memo. 1993-77; McCart v. Commissioner, T.C. Memo. 1992-3, affd. without published opinion 981 F.2d 1247 (3d Cir. 1992). In sum, petitioner failed to give respondent clear and concise notice of his current address. We must therefore decide whether respondent knew of a change in petitioner's address prior to the mailing of the notice of deficiency, and, if so, whether respondent exercised due diligence in ascertaining petitioner's new address.Page: 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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