- 5 - satisfied. King v. Commissioner, supra at 679. 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). On January 6, 1994, respondent's records showed petitioner's last known address as the Albuquerque address based upon petitioner's latest and most recently filed Federal tax return which was for the 1986 taxable year. Respondent's records also showed the Attleboro address based upon third party payer information reported by American Auto Transporters, Inc. regarding Forms 1099-Misc issued to petitioner for the years 1992 and 1993. On July 26, 1994, respondent sent Address Information Request Forms 4759 to the U.S. Post Offices of Albuquerque and Attleboro to verify whether mail was deliverable to the respective addresses. The Albuquerque post office returned the form stating "Mail Is Delivered To Address Given". The Attleboro post office returned the form stating "Not Known At Address Given". On February 29, 1996, prior to mailing the notice of deficiency, respondent verified that petitioner's last known address (Albuquerque address) had not changed. The Internal Revenue Service computer records which were printed on February 29, 1996, show that the Albuquerque and Attleboro addresses werePage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011