- 14 - would have filed a petition for review with the Tax Court, would have obtained an earlier determination of his deficiency, and thereby could have avoided interest accruing on the deficiency from the time the Tax Court would have ruled until the deficiency was finally agreed upon. Initially, we note that petitioner’s claim is flawed because he has failed to show the specific period of time over which interest should be abated as a result of this claimed “error or delay.” See Donovan v. Commissioner, T.C. Memo. 2000-220. Moreover, even ignoring this structural flaw, petitioner has failed to establish that respondent committed any error, let alone a ministerial one, in sending the notice of deficiency to the address shown on his tax return, rather than to his school address as he alleges he orally requested. Respondent was required to mail the notice of deficiency to petitioner’s “last known address.” Sec. 6212(b)(1). Neither section 6212 nor the regulations promulgated thereunder and in effect when the notice of deficiency was mailed7 define a taxpayer's "last known address." We have defined it as the address to which, in light of all the facts and circumstances, respondent reasonably believed the taxpayer wished the notice of 7Sec. 301.6212-2, Proced. & Admin. Regs, promulgated on Jan. 11, 2001, defines “last known address.” This new regulation was not in effect when the notice of deficiency in the case at hand was mailed, and by its terms is effective only to mailings on and after Jan. 29, 2001. Sec. 301.6212-2(d), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011