- 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
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