- 9 - published opinion 935 F.2d 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, 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); see sec. 301.6212-2, Proced. & Admin. Regs. 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 notice of deficiency for 1999 to the address listed on petitioner's 1999 return--the last return filed by petitioner prior to the mailing of such notice on December 6, 2000.6 Consequently, the notice of deficiency for 1999 was 6 Petitioner’s allegation that he never authorized the filing of an electronic return for 1999 is inconsistent with his (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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