- 10 - Revenue Service will update the taxpayer addresses in its records by using information retrieved from the Postal Service’s National Change of Address database and will use the Postal Service database address until a taxpayer either files a return with a different address or provides the IRS with clear and concise notice of a change of address. See sec. 301.6212-2(b)(2), Proced. & Admin. Regs. Petitioner notified the Postal Service of his move to the Milford address. In light of all of the facts and circumstances present in this case, we find that his last known address was the Milford address. A ‘last known address’ is precisely that; if * * * [the Commissioner] * * * knows of one address for a taxpayer and is then notified of another address for the same taxpayer, such other address supersedes the previous address and becomes, as far as [the Commissioner] is concerned, that taxpayer’s ‘last known address’ * * *. Abeles v. Commissioner, supra at 1030. A taxpayer can have only one last known address on a given date. Id. On March 5, 2005, that address for petitioner was the Milford address. An inquiry into a taxpayer’s last known address is based on the relevant facts and circumstances. See O’Brien v. Commissioner, 62 T.C. 543, 550 (1974); Lifter v. Commissioner, 59 T.C. 818, 821 (1973). If the Government has become aware of a change of address, the Commissioner may not rely on the address listed on the last-filed tax return but must exercise reasonable care to discern the taxpayer’s correct address. See, e.g., Pyo v. Commissioner, 83 T.C. 626 (1984). It is important to examinePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011