-8- IRS. Although petitioner notes correctly that respondent initially mailed the examination notice to petitioner at an address different from that shown in respondent’s records, the most critical fact is that respondent correctly mailed both the 30-day letter and the Letter 1912(DO) to petitioner’s most recently reported address approximately 9 months and 4 months, respectively, before issuing the notice of deficiency. The 30-day letter (and possibly the Letter 1912(DO)), and not the examination notice, allowed petitioner the opportunity to confer with Appeals as to 2000 before the notice of deficiency was issued. Even if petitioner failed to receive either of these letters, as he claims but which we decline to find as a fact, it was not as he claims due to respondent’s lack of diligence; it was due to petitioner’s own action of reporting 4302 Callahan as his address on his 2001 joint return.3 3 Although we do not countenance the fact that respondent mailed the examination notice to petitioner at an address that was inconsistent with the address shown in respondent’s records, and thus may have deprived petitioner of an opportunity to settle this matter at the examination level, an award of litigation costs does not necessarily follow from that action. A prerequisite to petitioner’s award of litigation costs is that he have participated in an Appeals Office conference, unless one was not available, before petitioning this Court. We find as a fact that an Appeals Office conference was available in that respondent mailed both the 30-day letter and the Letter 1912(DO) to petitioner’s most recently reported address approximately 9 months and 4 months, respectively, before issuing the notice of deficiency. While petitioner claims to have failed to receive either of these letters, it was due to his own action of reporting 4302 Callahan as his address on his 2001 joint return.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011