Jeffrey Christopher Sprankle - Page 5




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          deficiency is mailed to a taxpayer's last known address, actual             
          receipt of the notice is immaterial.  King v. Commissioner, 857             
          F.2d 676, 679 (9th Cir. 1988), affg. 88 T.C. 1042 (1987).                   
               Although the phrase "last known address" is not defined in             
          the Code or the regulations thereunder, we have held that a                 
          taxpayer's last known address is the address shown on the                   
          taxpayer's most recently filed return, absent clear and concise             
          notice of a different address.  Abeles v. Commissioner, 91 T.C.             
          1019, 1035 (1988).  A taxpayer is obliged to provide respondent             
          with clear and concise notice of a change of address, but                   
          respondent must exercise reasonable care and due diligence in               
          ascertaining the taxpayer's correct address.  King v.                       
          Commissioner, supra at 679.  Once respondent has mailed the                 
          notice of deficiency to the taxpayer's last known address,                  
          respondent's reasonable care and due diligence obligation has               
          been satisfied.  Id. at 681.  The taxpayer bears the burden of              
          proving that the notice was not sent to the taxpayer's last known           
          address.  Yusko v. Commissioner, 89 T.C. 806, 808 (1987).  This             
          Court has previously held that a "return address placed on the              
          outside of an envelope, without more, does not constitute clear             
          and concise notification of a new, permanent address for purposes           
          of section 6212(b)(1)".  James v. Commissioner, T.C. Memo. 1990-            
          128; see also King v. Commissioner, supra at 681.                           
               In this case, petitioner wrote his new address only on the             






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