Curtis J.L. McIntosh - Page 14

                                       - 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 to             






Page:  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