- 6 - 1282 (3d Cir. 1991); Weinroth v. Commissioner, 74 T.C. 430, 435 (1980); Keeton v. Commissioner, 74 T.C. 377, 379-380 (1980). Although the phrase "last known address" is not defined in the Internal Revenue Code or in the regulations, we have held that absent clear and concise notice of a change of address, a taxpayer's last known address is the address shown on the taxpayer’s return that was most recently filed at the time that the notice was issued. King v. Commissioner, supra at 681; Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988). In deciding whether the Commissioner mailed a notice to a taxpayer at the taxpayer's last known address, the relevant inquiry “pertains to [the Commissioner’s] knowledge rather than to what may in fact be the taxpayer's most current address." Frieling v. Commissioner, supra at 49. The burden of proving that the notice was not sent to the taxpayer at the taxpayer's last known address is on the taxpayer. See Yusko v. Commissioner, supra at 808. Respondent mailed the deficiency notice for 1998 to the address listed on petitioner's 1998 return--the last return filed by petitioner prior to the mailing of such notice on January 19, 2000.2 Consequently, the deficiency notice for 1998 was mailed to petitioner at her last known address unless petitioner can 2 It should be recalled that petitioner’s 1999 return, which listed the Baltimore address as petitioner’s address, was not filed with respondent until April 2000.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011