Gary R. Davis - Page 9

                                         -9-                                          
               During the approximately 1-year period starting with the               
          date when respondent processed petitioner’s 2001 return reporting           
          the 4302 Callahan address and ending with the date when                     
          respondent processed petitioner’s 2002 return reporting the 912             
          Sir James Bridge address, petitioner’s last known address was               
          4302 Callahan.4  Cf. Abeles v. Commissioner, 91 T.C. 1019 (1988);           
          sec. 301.6212-2, Proced. & Admin. Regs. (effective January 29,              
          2001) (absent “clear and concise notification of a different                
          address”, a taxpayer’s last known address is the one on the most            
          recently filed and processed tax return, with exceptions for                
          updated addresses obtained by respondent from an information bank           
          of the Postal Service).  During that period, respondent sent both           
          the 30-day letter and the Letter 1912(DO) to petitioner at 4302             
          Callahan.  While petitioner speculates that respondent should               
          have known that petitioner did not then live there because                  
          respondent had previously been informed that petitioner and Davis           
          had sold the property, we do not agree.  The mere fact that                 
          petitioner and Davis sold 4302 Callahan on February 23, 2000,               
          does not necessarily mean that petitioner never lived there                 
          afterwards.  Such is especially so given the fact that Campbell,            
          petitioner, and petitioner’s wife who joined with him on the 2001           

               4 When respondent processed petitioner’s 2002 return,                  
          petitioner’s last known address changed to 912 Sir James Bridge.            
          Respondent mailed the notice of deficiency to that address in               
          January 2004.                                                               





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