Richard M. Downing - Page 18




                                       - 18 -                                         
          notification of a different address.”  Sec. 301.6212-2(a),                  
          Proced. & Admin. Regs.                                                      
               On September 3, 2002, the IRS received petitioner’s 1999               
          return, showing his accountants’ Idaho address.  For reasons not            
          revealed by the record, respondent did not process this return              
          until November 11, 2002.                                                    
               In the meantime, on November 4, 2002, respondent had                   
          received petitioner’s Form 2848, instructing that original                  
          notices and other written communications be sent to petitioner at           
          the New Hampshire address and copies be sent to his accountant,             
          Mr. Clayton, at the Idaho address.                                          
          Respondent contends that notwithstanding his receipt of                     
          petitioner’s Form 2848 on November 4, 2002, petitioner’s last               
          known address was his accountants’ Idaho address as shown on                
          petitioner’s 1999 return, which was processed on November 11,               
          2002, because this was the last return that was “filed and                  
          properly processed” before April 22, 2003 (the date on which                
          respondent sent the notice of intent to levy to the Idaho                   
          address).8  Respondent seems to suggest that respondent’s                   
          processing of petitioner’s 1999 return about a week after                   


               8 On brief, respondent observes in a footnote that                     
          petitioner also listed the Idaho address on his timely filed 2002           
          Federal income tax return.  Respondent does not contend, however,           
          that the address shown on petitioner’s 2002 return should                   
          establish his last known address as of Apr. 22, 2003, ostensibly            
          because this 2002 return was not processed until May 5, 2003.               
          Accordingly, we give this issue no further consideration.                   





Page:  Previous  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next 

Last modified: November 10, 2007