Thomas W. Hunter, Jr. - Page 2

                                        - 2 -                                         
          own new address in Hendersonville.  In January 1999, respondent             
          sent notices of deficiency for the tax years under audit to                 
          petitioner at his old address in Gallatin.  He never received               
          them.  Respondent did not mail duplicates to him at his new                 
          address, nor did he mail duplicates to petitioner’s accountants             
          in Nashville.                                                               
               The case comes to us on the parties’ cross-motions to                  
          dismiss for lack of jurisdiction.  The question presented is                
          whether petitioner, by filing this power-of-attorney form, gave             
          respondent a clear and concise notification of his change of                
          address.                                                                    
                                        Background                                    
               This case turns on the timing of a few key events:                     
               August 14, 1997     Petitioner files 1991-1995 returns.                
               July 30, 1998       Petitioner files 1996 return.  The                 
                                   parties assume that this return listed             
                                   petitioner’s Gallatin address.                     
               August 13, 1998     The revenue agent issues her findings on           
                                   petitioner’s 1991-1996 tax liability in            
                                   a revenue agent’s report that she sends            
                                   to petitioner at his Gallatin address.             
                                   He receives it, but doesn’t respond.               
               September 1998      Petitioner moves to Hendersonville,                
                                   Tennessee.                                         
               October 23, 1998    Petitioner signs Form 2848 (“Power of              
                                   Attorney and Declaration of                        
                                   Representative”) listing his                       
                                   Hendersonville address and naming three            
                                   accountants as his designated                      
                                   representatives for the 6 tax years                
                                   under audit.  The form directs                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011