- 12 - jurisdiction pursuant to section 6330(d)(1). In objecting to respondent’s motion, petitioners argue that: (1) They did not receive the June 23, 2000, notice; and (2) the December 14, 2001, notice offered petitioners a section 6330 hearing for 1998 because it was titled a “Final Notice”. A. Was the June 23, 2000, Notice Sent to Petitioners’ Last Known Address? As noted above, the notice of intent to levy must be given in person, left at the person’s dwelling or usual place of business, or sent by certified or registered mail to the person’s last known address. Secs. 6330(a)(2) and 6331(d)(2); secs. 301.6330-1(a), 301.6331-2(a)(1), Proced. & Admin. Regs. The regulations under sections 6330 and 6331 reference section 301.6212-2, Proced. & Admin. Regs., to define “last known address”. Secs. 301.6330-1(a), 301.6331-2(a)(1), Proced. & Admin. Regs. Under section 6212, in general, the Commissioner is entitled to treat the address on a taxpayer’s most recent tax return as the taxpayer’s last known address, unless the taxpayer has given “clear and concise notification of a different address.” Kennedy v. Commissioner, 116 T.C. 255, 260 n.4 (2001); Abeles v. Commissioner, 91 T.C. 1019, 1035 (1988); sec. 301.6212- 2(a), Proced. & Admin. Regs. Although respondent did not enter the June 23, 2000, notice into the record, as proof of its mailing respondent provided petitioners’ Form 4340, Certificate of Assessments, Payments, andPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011