- 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 directsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011