- 12 - In Ward v. Commissioner, supra, the taxpayer sent to the Commissioner a letter containing the taxpayer’s new address. Id. at 518. During the period for processing the address change, the Commissioner prepared a notice of deficiency with the taxpayer’s old address as it appeared in the Commissioner’s computer. Id. at 519. The taxpayer did not receive the notice of deficiency and knew nothing of the deficiency until after the 90-day period for petitioning this Court had expired. Id. The Court of Appeals for the Fifth Circuit concluded that the Commissioner did not exercise reasonable diligence in ascertaining the taxpayer’s last known address. Id. at 522. The Commissioner’s agent should have noticed that the taxpayer’s computer file displayed the letters “PN” (pending notice) and a posting code, signifying a pending address change. Id. The Court of Appeals held that the notice of deficiency was invalid, noting that, under section 6212(a): ”To be effective, a notice of deficiency must be mailed to the taxpayer at his ‘last known address’.” Id. at 521. In Mulder v. Commissioner, supra, the taxpayer relocated and did not notify the Commissioner of the change in his address. Id. at 209. In an effort to secure an extension of the applicable period of limitations on assessment from the taxpayer, the Commissioner mailed to the taxpayer’s old address, but received back as undeliverable, two extension requests. The Commissioner also mailed the notice of deficiency by certifiedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011