- 17 - the Taxpayer Advocate had requested a suspension of "the collection action". During July and August, there was no "collection action" related to petitioner’s 1995 and 1997 taxable years. Petitioner’s representative, Stone, claims to have been told in February 1999 that "no action would be taken." Her testimony, however, fails to make clear the context in which she allegedly received this advice. We do not believe that the request of the Office of the Taxpayer Advocate extended beyond collection actions to preclude the issuance of notices of deficiency for 1995 and 1997. The Notices of Deficiency for 1995 and 1997 Were Sent to Petitioner’s Last Known Address Absent special circumstances, the IRS may not assess a deficiency in tax until after a valid notice of deficiency has been sent to the taxpayer. For that purpose, mailing a notice of deficiency to the taxpayer at the taxpayer's "last known address" is sufficient regardless of actual receipt or nonreceipt. Sec. 6212(b); see Pietanza v. Commissioner, 92 T.C. 729, 735-736 (1989), affd. without published opinion 935 F.2d 1282 (3d Cir. 1991); Shelton v. Commissioner, 63 T.C. 193 (1974). 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, 857 F.2d 676, 681 (9th Cir. 1988), affg. 88 T.C. 1042 (1987); Abeles v.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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