David Broomfield - Page 14

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          settlement officer concedes that petitioner had made her aware of           
          his pending incarceration in their November 5, 2002, conversation           
          but claims that petitioner did not advise her of any specifics              
          concerning the date or place.  On the basis of the November 6,              
          2002, letter (which evidences the settlement officer's lack of              
          awareness of petitioner's imminent incarceration), and                      
          petitioner's failure to claim otherwise,9 we find that petitioner           
          did not advise respondent of the date or place of his                       
          incarceration prior to his letter of February 28, 2003.  Indeed,            
          by his silence in the face of imminent incarceration, petitioner            
          allowed the settlement officer to be misled about his                       
          whereabouts.                                                                
               The caselaw concerning last known address generally places             
          the burden on the taxpayer to apprise the Commissioner through              
          clear and concise notification of any change of address,                    
          including circumstances where the taxpayer has been incarcerated.           
          See Cohen v. United States, 297 F.2d 760 (9th Cir. 1962); Snell             
          v. Commissioner, T.C. Memo. 1993-470; Agustin v. Commissioner,              
          T.C. Memo. 1992-167; Tirado v. Commissioner, T.C. Memo. 1979-448.           
          The rationale is that the place of incarceration may constitute a           
          temporary place of abode, and to require the Commissioner to keep           
          track of a taxpayer's whereabouts in these circumstances would              
          impose an "impossible administrative burden" on him.  Cohen v.              

               9 See supra note 8.                                                    




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