David Buffano - Page 10

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          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 examine            





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