- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011