David Broomfield - Page 16

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          have readily ascertained his whereabouts.  Similarly, in DiViaio            
          v. Commissioner, supra, on which petitioner relies, the                     
          Commissioner's knowledge of the taxpayer's place of incarceration           
          was patent, as the Commissioner mailed the notice of deficiency             
          to the warden at the Federal penitentiary in Atlanta for service            
          on the taxpayer.  Here, there is no allegation or suggestion that           
          respondent knew, at the time the notice of determination was                
          mailed, whether petitioner was in the Federal or State penal                
          system, much less the precise location where petitioner was                 
          incarcerated.  Finally, we note that the notice of determination            
          mailed on January 30, 2003 to petitioner at the Wanda Avenue                
          address was accepted there on January 31, 2003, which suggests              
          that petitioner had made arrangements to receive mail there and             
          intended for mail to be sent there.  See Snell v. Commissioner,             
          supra.                                                                      
               We accordingly hold that petitioner's last known address               
          when the notice of determination was mailed was the Wanda Avenue            
          address, to which the notice was mailed on January 30, 2003.  The           
          notice was therefore sufficient to commence the 30-day period               
          within which petitioner could appeal the determination to the Tax           
          Court under section 6330(d).  Weber v. Commissioner, 122 T.C.               
          258, 261-262 (2004).  As the petition was postmarked on March 15,           
          2003 and delivered to the Court on March 21, 2003, or 44 and 50             
          days, respectively, after the issuance and mailing of the notice            






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