Richard M. Downing - Page 17




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          respondent sent him a final notice of intent to levy and right to           
          a hearing for taxable years 1995 and 1999.  Petitioner argues               
          that he never received the April 22, 2003, notice, because it was           
          sent to his accountants’ Idaho address “which was not, and never            
          had been, the petitioner’s address.”  Thus, petitioner argues,              
          the final notice of intent to levy was invalid and offered him no           
          prior opportunity to contest his underlying liability.  For the             
          reasons discussed below, we agree with petitioner.                          
               2.  Petitioner’s Last Known Address                                    
               Section 6330(a)(1) requires that, before making a levy, the            
          Secretary notify the taxpayer in writing of the right to a                  
          hearing.  Section 6330(a)(2) provides three options for the time            
          and method of such a notice.  The notice must be either:  (1)               
          Given in person; (2) left at the taxpayer’s dwelling or usual               
          place of business; or (3) sent by certified or registered mail,             
          return receipt requested, to the taxpayer’s last known address.             
          Sec. 6330(a)(2).                                                            
               Regulations under sections 6330 and 6331 cross-reference               
          section 301.6212-2, Proced. & Admin. Regs., to define “last known           
          address”.  Secs. 301.6330-1(a)(1), 301.6331-2(a)(1), Proced. &              
          Admin. Regs.  As a 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                   







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