David Buffano - Page 9

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          certified or registered mail to the person’s last known address.            
          Secs. 6330(a)(2), 6331(d)(2); secs. 301.6330-1(a),                          
          301.6331-2(a)(1), Proced. & Admin. Regs.  Here, the final notice            
          was not sent to petitioner at his last known address, nor did he            
          receive it, and therefore it is invalid.                                    
               Section 301.6212-2(a) and (b) of the Proced. & Admin. Regs.            
          applies to all notices and documents whenever the term “last                
          known address” is used.4  Sec. 301.6212-2(c), Proced. & Admin.              
          Regs.  The regulation provides the general rule:                            
               a taxpayer’s last known address is the address that appears            
               on the taxpayer’s most recently filed and properly processed           
               Federal tax return, unless the Internal Revenue Service                
               (IRS) is given clear and concise notification of a different           
               address.                                                               
          Sec. 301.6212-2(a), Proced. & Admin. Regs; see also Kennedy v.              
          Commissioner, supra at 260 n.4; Alta Sierra Vista, Inc. v.                  
          Commissioner, 62 T.C. 367, 374 (1974), affd. without published              
          opinion 538 F.2d 334 (9th Cir. 1976); Taylor v. Commissioner,               
          T.C. Memo. 1990-559 (citing Abeles v. Commissioner, 91 T.C. 1019,           
          1025 (1988)).  With this definition alone, it would seem as if              
          the Wheaton address, the one on petitioner’s last-filed and                 
          properly processed return, were petitioner’s last known address.            
          However, the regulation goes on to explain that the Internal                


               4  As any appeal of this case lies to the Court of Appeals             
          for the Seventh Circuit, it is that court’s interpretation of the           
          rules that we use as a guidepost when interpreting the regulation           
          and relevant caselaw.                                                       





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