- 10 - address absent clear and concise notification by taxpayer). In determining whether the Commissioner acted with reasonable diligence to identify the taxpayer's last known address, the focus of the inquiry is the information the Commissioner had available to him at the time the notice was mailed. Follum v. United States, 128 F.3d 118, 119 (2d Cir. 1997); Eschweiler v. United States, supra at 48. Whether the Commissioner has discharged his obligation of reasonable diligence is a question to be resolved upon the facts and circumstances of each case. McPartlin v. Commissioner, supra. When the taxpayer is incarcerated, we and other courts have generally held that the Commissioner is entitled to treat an address given in the return under audit, or in the return most recently filed, as the last known address, even where the Commissioner has some knowledge of the incarceration, absent clear and concise notification by the taxpayer that the place of incarceration or some other address should be used. See, e.g., Cohen v. United States, 297 F.2d 760 (9th Cir. 1962); Snell v. Commissioner, T.C. Memo. 1993-470, affd. without published opinion 50 F.3d 16 (9th Cir. 1995); Agustin v. Commissioner, T.C. Memo. 1992-167; Tirado v. Commissioner, T.C. Memo. 1979-448; cf. United States v. Eisenhardt, 437 F. Supp. 247 (D. Md. 1977) (last known address was place of incarceration where taxpayer advised Commissioner of place and commencement date of incarceration).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