- 18 - petitioner's new address. However, petitioner has not established that the Kansas Address was listed on any Form 4868 that he filed previous to the mailing of the notice of deficiency. If respondent had reviewed any of petitioner's Forms 4868, there is no evidence that respondent would have been able to ascertain petitioner's Kansas Address. Even assuming that the Forms 4868 listed the Kansas Address, such forms were received by a different division of the IRS than the one that issued the notice of deficiency. In this regard, the Court of Appeals, in Guillen v. Barnes, 819 F.2d 975, 977 (10th Cir. 1987), stated: As to the address given on the W-4 form and * * * [the taxpayer's] other correspondence, it ignores administrative realities to impute knowledge of an address change to the division of the IRS that issued the deficiency notice, based on information received in another IRS division that was not identified as new permanent address information. [Emphasis added.] Based on the circumstances in the present case, respondent's efforts in mailing the notice of deficiency were reasonably diligent. Respondent sent five different address information requests to the postmasters in Denver, Colorado, Nathrop, Colorado, and Colorado Springs, Colorado, to verify five possible addresses for petitioner. Respondent also attempted to obtain petitioner's correct address by contacting petitioner's parents and a previous employer. Finally, respondent mailed the notice of deficiency to three different addresses, one of which respondent may have concluded was petitioner's then current 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