- 12 - listed the Wanda Avenue address as his address on his Form 12153 submitted on May 29, 2002.6 See Schake v. Commissioner, T.C. Memo. 2002-262 (address listed on request for hearing considered in determining last known address for section 6330 purposes). As the Wanda Avenue address was both the address reported in petitioner’s most recently filed return and that listed in his request for a hearing under section 6330, we conclude that it was his last known address as of the commencement of his section 6330 hearing.7 The question becomes whether petitioner’s informing the settlement officer of his pending incarceration caused any change in the address that respondent was entitled to rely on as the last known address when the notice of determination was mailed. We conclude, in the circumstances of this case, that it does not. According to the settlement officer's case notes and correspondence with petitioner, in a telephone conference 6 In addition, petitioner responded to the settlement officer’s followup letter of Oct. 2, 2002, sent to the Wanda Avenue address. We note that the settlement officer sent the Oct. 2, 2002, letter to the Wanda Avenue address only after verifying that address in respondent's computerized IDRS file listings of taxpayer addresses, as petitioner had failed to respond to two earlier letters sent to the Wanda Avenue address as followups to his request for a hearing. 7 Because the address reported in the most recently filed return and that listed in the request for the sec. 6330 hearing were the same, we have no occasion to consider whether the last known address standard employed by the Court of Appeals for the Seventh Circuit, which accords greater weight to the address on the return currently under audit, should result in greater weight being given to the address listed on the hearing request rather than any different address in the most recently filed return.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