- 16 - mailing the Notice and Demand.” As just described, however, the basis of the District Court’s decision was not limited to the facts that existed at the time of the mailing of the notice of deficiency. Rather, as an alternative basis for its holding, the District Court also considered facts arising after the mailing of the notice of deficiency (i.e., the return of the notice of deficiency as undeliverable, the IRS’s attempts at address verification through credit bureau contacts and postal tracers, and petitioner’s failure to respond to the IRS’s address verification request). Taking into account these additional facts, the District Court decided that the “only reasonable conclusion” is that the IRS satisfied its duty of diligence with respect to the notice of deficiency. McIntosh v. United States, supra at 98-6510. In its opinion, the District Court stated: There is an issue as to whether the IRS complied with the statutory requirements for issuing a Notice and Demand for 1990 based on the government testimony presented at the hearing that the IRS sent notices of demand for payment for 1990 to the * * * [Kentucky address] after the Notice of Deficiency sent to that same address had been returned as undeliverable. * * * [Id. at 98-6511.] Ultimately, however, the District Court did not decide this issue, concluding that it lacked subject-matter jurisdiction over the relief sought with respect to this matter.6 Id. 6 Petitioner contends that materials in the administrative (continued...)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