- 21 - conclude and hold that respondent failed to send the final notice of intent to levy to petitioner’s last known address and that the notice was therefore invalid. See Buffano v. Commissioner, supra. 3. Whether To Impute to Petitioner Knowledge of the Notice of Intent To Levy On reply brief, respondent suggests that it is ultimately irrelevant whether the final notice of intent to levy was mailed to petitioner’s last known address because “it was, in fact, actually received by petitioner’s attorney-in-fact in sufficient time to meet the deadline for filing a timely appeal with the Appeals office.” In support of this contention, respondent cites St. Joseph Lease Capital Corp. v. Commissioner, 235 F.3d 886 (4th Cir. 2000), affg. T.C. Memo. 1996-256, and Estate of Citrino v. Commissioner, T.C. Memo. 1987-565. In each of those cases, a statutory notice of deficiency was held valid even though not mailed to the taxpayer’s last known address. In each of those cases, however, the notice was obtained by the taxpayer or the attorney, who then filed a timely petition. By contrast, neither petitioner nor his accountant ever responded to the final notice of intent to levy. Petitioner testified credibly that he received no copy of the final notice in 2003 and that if he had received it, he would have requested a hearing. Although the evidence suggests that petitioner’s Idaho accountants received the final notice ofPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 10, 2007