- 8 - Respondent sent the notice of determination, dated January 30, 2003, by certified mail to the Wanda Avenue address on January 30, 2003. The petition in this case was received by the Court on March 21, 2003, in an envelope postmarked March 15, 20034 – that is, 50 and 44 days, respectively, after the date the notice of determination was issued and mailed. Accordingly, our jurisdiction depends on whether the Wanda Avenue address was petitioner's last known address at the time the notice was mailed. The Court of Appeals for the Seventh Circuit, where an appeal in this case would ordinarily lie, has indicated that a taxpayer's last known address is the address which in light of the circumstances the Commissioner reasonably believes is the address at which the taxpayer wishes to be reached at the time the notice of deficiency is sent. Eschweiler v. United States, 946 F.2d 45, 49-50 (7th Cir. 1991); Goulding v. United States, 929 F.2d 329, 331 (7th Cir. 1991). The Commissioner may rely on the address found in the return being audited5 or the most recent 4 See sec. 7502(a)(1) and (2)(A); Rule 25(a). 5 The Court of Appeals for the Seventh Circuit has not adopted the position of this Court and other Courts of Appeals that the address on the taxpayer's most recently filed return generally constitutes the last known address. Instead, the address on a subsequently filed return is relevant but not dispositive concerning the last known address. Compare Ward v. Commissioner, 907 F.2d 517, 521 (5th Cir. 1990) (most recent tax return filed), revg. 92 T.C. 949 (1989); Cylcone Drilling Inc. v. (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011