Keith K. Stroupe - Page 15

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               B.  Respondent's Due Diligence                                         
               We have held that the Commissioner must exercise reasonable            
          diligence and care in ascertaining the taxpayer's current address           
          once the Commissioner becomes aware of a change in the taxpayer's           
          address.  Abeles v. Commissioner, supra; Keeton v. Commissioner,            
          74 T.C. 377, 382 (1980); Alta Sierra Vista, Inc. v. Commissioner,           
          supra at 374.  Thus, if previous correspondence mailed by the               
          Commissioner to a taxpayer is returned as undeliverable before              
          the notice of deficiency is mailed, the Commissioner could                  
          reasonably be expected to conduct a further inquiry.  See Abeles            
          v. Commissioner, supra.                                                     
               Clearly, in the present case, respondent was aware of a                
          change in petitioner's address due to the fact that prior                   
          correspondence to petitioner had been returned as undeliverable.            
          At this point, we must consider the nature of respondent's duty             
          of due diligence and whether respondent discharged that duty.               
               The Court will consider all of the facts and circumstances             
          in deciding whether respondent exercised reasonable care in                 
          ascertaining the taxpayer's current address.  Weinroth v.                   
          Commissioner, 74 T.C. 430, 435 (1980).  In this context, our                
          inquiry requires an analysis of the efforts made by respondent to           
          determine the address for mailing the notice of deficiency.  Id.            
               Courts have typically held that the Commissioner has failed            
          to discharge the duty of reasonable diligence if a search in the            






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