- 15 - the IRS’s address verification request sent to him at the Ohio address, the District Court concluded: “There is no probative evidence that the IRS had actual notice” of petitioner’s Ohio address, even though respondent had received an Ohio address through a credit bureau and a postal tracer. Id. The District Court stated: Accepting as true plaintiff’s allegation that he did not receive the request for verification, it was reasonable for the IRS to forego changing plaintiff’s address on the master file until after other verification had been obtained. Under these circumstances, it must be held that the IRS exercised reasonable care and diligence in ascertaining plaintiff’s correct address subsequent to the mailing of the Notice of Deficiency. The IRS cannot be held to have shirked its duty by failing to mail the notice a second time to an address which plaintiff did not provide to the IRS and which he did not verify after being extended the opportunity to do so. Accordingly, the Court finds that the only reasonable conclusion is that the IRS complied with 26 U.S.C. section 6212 prior to making its assessment for that year. [Id.; fn. ref. omitted.] On April 26, 1993, respondent mailed notice and demand to petitioner at the Kentucky address. It is undisputed that this notice and demand was timely if mailed to petitioner’s last known address. The Appeals Office relied upon and adopted the District Court’s reasoning to determine that the notice and demand was sent to petitioner’s last known address. On brief, petitioner contends that the Appeals officer’s action in this regard was an abuse of discretion because “The facts that existed at the time of mailing the Notice of Deficiency did not exist at the time ofPage: 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