-6- receive a notice of deficiency for 1985, he would be precluded from challenging his underlying tax liability for that year. We need not and do not decide that issue. We believe it reasonable under the facts herein for the Commissioner to have sent the notice of deficiency to the address that petitioner gave to the Court in his case at docket No. 13936-93. Our Rules require that an individual, such as petitioner, include on his petition his “name and legal residence” and “mailing address”. Rule 34(b)(1). That Rule requires that those items be stated as of the date of the filing of the petition. In addition, our Rules require that such an individual promptly notify the Court of any change in his or her mailing address. Rule 21(b)(4). We conclude that it was reasonable for respondent to have relied for purposes of issuing the 1985 notice of deficiency on the address set forth in the Court’s records. Assuming arguendo that petitioner did not receive that notice of deficiency and thus was entitled to challenge his underlying tax liability for that year, he chose not to do so. The record clearly establishes that the Appeals officer attempted to discuss with petitioner at the hearing his underlying tax liability for 1985, and that petitioner refused to answer any questions or provide any information with respect to that line of 3(...continued) respect thereto and stipulated a final decision establishing his liability for 1986.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011