Ronald Thomas - Page 9

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          Director in Baltimore.  Cf. Westphal v. Commissioner, supra (oral           
          notice to examining agent was effective to constitute a change of           
          address).                                                                   
               Petitioner further contends that respondent did not exercise           
          due diligence in determining his correct address.  It is well               
          settled that, where the Commissioner is aware, before issuing a             
          notice of deficiency, that the address he intends to use is no              
          longer the taxpayer's correct address, the Commissioner is                  
          required to exercise reasonable diligence in attempting to                  
          ascertain the taxpayer's correct address.  See King v.                      
          Commissioner, supra at 681 n.8; Crawford v. Commissioner, T.C.              
          Memo. 1996-460; Stroud v. Commissioner, T.C. Memo. 1992-666.                
          There is no evidence in the record that respondent was                      
          aware, either before or immediately after the mailing of the                
          notice of deficiency, that the Lightning View address was not               
          petitioner's correct address.  Because of the passage of time, we           
          do not have the benefit of reviewing the contents of respondent's           
          administrative file.  However, on the basis of a review of the              
          record herein, we are satisfied that respondent was not put on              
          notice that petitioner was no longer residing at the Lightning              
          View address.  Moreover, the notice was returned to respondent              
          marked "Unclaimed" as opposed to "Addressee Unknown",                       
          "Insufficient Address" or "Unable to Forward".  Under the                   
          circumstances, respondent was justified in believing that the               





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