Keith K. Stroupe - Page 14

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          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.                                                                






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