Vincent J. and Susan L. Maranto - Page 5




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          believed the taxpayer wished the notice to be sent.  See Weinroth           
          v. Commissioner, supra.  The relevant focus is thus on the                  
          Commissioner’s knowledge, rather than on what in fact may have              
          been the taxpayer’s actual address in use.  See Brown v.                    
          Commissioner, 78 T.C. 215, 219 (1982) (citing Alta Sierra Vista,            
          Inc. v. Commissioner, supra at 374.)                                        
               In Abeles v. Commissioner, 91 T.C. 1019 (1988), we held that           
          a taxpayer’s last known address is the address shown on his most            
          recent return, absent clear and concise notice of a change of               
          address.  See Monge v. Commissioner, supra at 28.  Under this               
          principle, the Blake Road address was petitioners’ last known               
          address as it was shown on petitioners’ 1994 Federal income tax             
          return, the last return filed before July 16, 1996.                         
               A validly executed power of attorney may suffice to render             
          an attorney’s address the taxpayer’s “last known address” if it             
          directs that all original notices and written communications be             
          sent to the taxpayer at the attorney’s address.  See D’Andrea v.            
          Commissioner, 263 F.2d 904 (D.C. Cir. 1959); Reddock v.                     
          Commissioner, 72 T.C. 21 (1979); Lifter v. Commissioner, 59 T.C.            
          818, 821 (1973).                                                            
               The Form 2848 executed by the taxpayers in the above-cited             
          cases directed the taxpayers to choose between having originals             
          or copies of all notices and written communications sent to their           
          representatives.  The new Form 2848, which was revised in                   





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