- 18 - Commissioner, 91 T.C. 1019, 1035 (1988); compare sec. 301.6212-2, Proced. & Admin. Regs., effective January 29, 2001. In deciding whether a notice was mailed 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, 81 T.C. 42, 49 (1983). In order to supplant the address shown on the most recent return, a taxpayer must clearly indicate that the former address is no longer to be used. Tadros v. Commissioner, 763 F.2d 89, 91-92 (2d Cir. 1985); Alta Sierra Vista, Inc. v. Commissioner, 62 T.C. 367 (1974), affd. without published opinion 538 F.2d 334 (9th Cir. 1976). A taxpayer’s use of an address different from that on the last-filed return in correspondence with officials of the IRS does not constitute clear and concise notice of a change of address. King v. Commissioner, supra at 681. The acquisition of a different address by IRS personnel generally fails to constitute adequate notice of a change of address when those personnel are not involved in issuing the statutory notices. In United States v. Zolla, 724 F.2d 808, 811 (9th Cir. 1984), the Court of Appeals for the Ninth Circuit explained: If we required agents mailing notices of deficiency to take into account address information acquired by agents in different divisions in the course of unrelated investigations, the IRS could ensure that notices were validly addressed only by systematically recording in a central file all address informationPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011