Curtis J.L. McIntosh - Page 13

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          detail below, these contentions are without merit.                          
          C.  Notice and Demand--Last Known Address Requirement                       
               Petitioner contends that he received no notice and demand              
          for payment of his 1990 taxes at his last known address within 60           
          days of assessment as required by section 6303(a).5                         
          Consequently, petitioner contends, respondent had no “authority             
          to collect an assessed tax through administrative proceedings.”             
               As a general rule, the Commissioner is entitled to treat the           
          address on a taxpayer’s most recent return as the taxpayer’s last           
          known address, unless the taxpayer has given “clear and concise             
          notification of a different address.”  Abeles v. Commissioner, 91           
          T.C. 1019, 1035 (1988).  If the Commissioner learns that a                  
          taxpayer is not residing at the address shown on the taxpayer’s             
          most recent return, the Commissioner must exercise reasonable               
          care and diligence in ascertaining the taxpayer’s new address.              
          See Keeton v. Commissioner, 74 T.C. 377, 382 (1980).                        



               5 Sec. 6303(a) provides:                                               
                    SEC. 6303(a). General Rule.--                                     
                    Where it is not otherwise provided by this title,                 
               the Secretary shall, as soon as practicable, and within                
               60 days, after the making of an assessment of a tax                    
               pursuant to section 6203, give notice to each person                   
               liable for the unpaid tax, stating the amount and                      
               demanding payment thereof.  Such notice shall be left                  
               at the dwelling or usual place of business of such                     
               person, or shall be sent by mail to such person’s last                 
               known address.                                                         





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