Laura J. and Robert L. Evans. - Page 4

                                        - 3 -                                         
          assessed, and shall be paid upon notice and demand”.  Sec.                  
          6213(c).  The petition here was filed on August 29, 2005, more              
          than a year after the notice of deficiency was mailed.                      
               The notice of deficiency was mailed to petitioners at 1113             
          Pemberton Lane, Lothian, Maryland, on March 4, 2004.  This is the           
          same address petitioners used when they filed their 2002 and 2003           
          tax returns.  Furthermore, petitioners acknowledge that they                
          “never changed that address” prior to the mailing of the notice             
          of deficiency.  For personal reasons, however, petitioners                  
          actually resided at another address.  It may be that there was              
          correspondence from the other address to the Internal Revenue               
          Service during the examination of the tax returns, but such                 
          correspondence was not “clear and concise notification of a                 
          different address”.  Orum v. Commissioner, supra at 8.  The                 
          statutory notice was mailed to petitioners’ last known address              
          under section 6212(b).  The petition was not timely filed and               
          must be dismissed for lack of jurisdiction.                                 
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                        An order of dismissal for lack                
                                   of jurisdiction will be entered.                   











Page:  Previous  1  2  3  4  

Last modified: May 25, 2011