- 14 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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