David Broomfield - Page 10

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          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).              






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