- 14 - On his 1988 tax return, petitioner provided respondent the Kentucky address. Petitioner failed to file a 1989 or 1990 tax return or otherwise to inform respondent of a new address. After the 1990 notice of deficiency was returned to respondent in December 1992 marked “Not Deliverable”, respondent learned in mid-January 1993 through U.S. Postal Service and credit bureau information that a Curtis McIntosh lived at the Ohio address. Petitioner failed to respond to respondent’s request, mailed to the Ohio address, asking him to verify that this was his new address. In McIntosh v. United States, supra at 98-6510, the District Court decided, on the basis of essentially these facts, that respondent had exercised due diligence in attempting to ascertain petitioner’s last known address for purposes of mailing the 1990 notice of deficiency. The District Court first concluded that under relevant caselaw the IRS’s duty of diligence extended only to the time that the 1990 notice of deficiency was mailed. Applying that standard, the District Court held that “the only reasonable conclusion” was that the IRS satisfied its duty, inasmuch as petitioner had failed to notify the IRS that he had moved from the Kentucky address. Id. Alternatively, the District Court held that the same result would obtain even if the IRS’s duty of diligence extended beyond the mailing of the notice of deficiency. Noting that petitioner had failed to respond toPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011