- 16 - 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 noticePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011