John L. Bobbs - Page 8

                                        - 8 -                                         
          with respondent.  Petitioner has not argued that the Market                 
          Street address was not his last known address,7 nor has he argued           
          that respondent failed to follow his established mailing                    
          procedures.  The preponderance of the evidence supports a finding           
          that respondent mailed the notice of deficiency to petitioner at            
          his last known address on January 6, 2004, and we so find.                  
          Timely Filed Petition                                                       
               Petitioner also argues that his petition was filed timely              
          because he mailed his Request to respondent “within the 90 Day              
          Unit period for appeal”,8 and we accepted and filed the Request             








               7A taxpayer’s last known address is either the address                 
          listed on his most recently filed Federal income tax return or              
          another address, if taxpayer notifies Commissioner of a change of           
          address.  Sec. 301.6212-2(a), Proced. & Admin. Regs.; see also              
          Leask v. Commissioner, T.C. Memo. 1989-347. Petitioner’s most               
          recently filed tax return as of Jan. 6, 2004, is not in the                 
          record, and there is no evidence that petitioner communicated an            
          alternate address to respondent.                                            
               8Petitioner argues, alternatively, that his Request was                
          mailed timely to respondent and should have been administratively           
          reviewed by respondent.  Respondent’s letter of Nov. 4, 2003,               
          stated that petitioner had 15 days to request an Appeals                    
          conference with an Appeals officer.  Petitioner contends that he            
          did not receive the Nov. 4, 2003, letter until December.  Even if           
          we assume that petitioner received the letter on Dec. 31, 2003,             
          his Request mailed on Feb. 20, 2004, was sent well outside the              
          allotted 15-day period for appeal.  Therefore, petitioner did not           
          timely mail his Request to respondent.                                      




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

Last modified: May 25, 2011