David A. Lehmann - Page 16

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          undeliverable, forwarding order expired.  Petitioner asserts that           
          he never received the notices, and at trial he and his wife                 
          testified regarding their various addresses.                                
               In particular, petitioner acknowledged that he wrote and               
          signed the January 22, 1999, letter communicating the West Deer             
          Valley address.  He also failed to identify any subsequent                  
          communication providing the Internal Revenue Service with a                 
          superseding address.  Ms. Lehmann testified explicitly that no              
          superseding letter had been sent to supply new or updated                   
          information.  Thus, the notices of deficiency were sent in a                
          manner in compliance with, and valid under, section 6212 and                
          corresponding regulations,7 requiring that a notice of deficiency           
          be sent to a taxpayer’s last known address.  Sec. 6212(a) and               
          (b)(1).                                                                     
               Concerning issues bearing on receipt for purposes of section           
          6330, petitioner initially stated that West Deer Valley was his             
          address as of January 22, 1999.  Then he said he probably moved             
          at about that time.  Next, he testified that it had been over 8             
          years since he and his wife had lived at either the West Deer               
          Valley address or the East McRae Way address.  Finally, he stated           
          explicitly that they had “been living at our address we’re at now           
          since 1996.”                                                                



               7 See supra note 3.                                                    





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