Douglas T. Busby & Valarie E. Busby - Page 6




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          Instead, the notice was mailed to them at an address provided to            
          respondent by petitioner in a telephone conversation that                   
          occurred sometime between June 24 and September 23, 1998.  As a             
          result of that telephone call, respondent’s records were changed            
          not only with respect to petitioner’s address, but also with                
          respect to Douglas T. Busby.                                                
               Respondent’s internal procedures allow for other than                  
          written “clear and concise” notice of a change of address if such           
          notice is received by, or provided to, respondent during the                
          course of an income tax examination.  See 4 Examination, Internal           
          Revenue Manual, sec. 4243.1(2)(b) (Nov. 14, 1994); see also                 
          Westphal v. Commissioner, T.C. Memo. 1992-599.  During the course           
          of the examination of petitioners’ 1996 joint return, petitioner            
          notified respondent of a change of address over the telephone,              
          and petitioners’ address was changed as a result.  As previously            
          noted, neither of the petitioners notified respondent that they             
          had established separate residences.                                        
               According to his response to respondent’s motion, Douglas T.           
          Busby, who apparently was aware of the then ongoing examination             
          of his 1996 return, moved several times during the relevant                 
          period.  Nothing in the record suggests that he notified                    
          respondent of any change of address.  Under the circumstances, we           
          are satisfied that petitioner’s telephone conversation providing            
          notification of a new address to an IRS Service Center employee             






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