Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

The Perils of the Last Known Address

Author: James F. McDonough

Date: December 22, 2014

Key Contacts

Back

The Last Known Address rule embodies one of the great unrecognized perils of taxation.

The rule provides that the IRS must send notices, such as a Notice of Deficiency for assessed taxes, to the last known address. A taxpayer has 90 days from the date of the Notice of Deficiency to contest the deficiency in Tax Court otherwise the IRS may assess and collect the tax.

What constitutes notice of a change of address for purposes of the rule was the subject matter of much litigation. The government has attempted to provide some certainty through regulation and the use of Form 8822 by taxpayers to voluntarily notify the service of a change in address. As one might suspect, taxpayers do not file Form 8822 in every case. The IRS is charged with notice of a change of address where the taxpayer files a return with the new address. Many of the older cases involved taxpayers filing returns with a different service center because of relocation where the notice relates to a prior year whose return was filed in a different service center.

The IRS was deemed to have received notice of the change where it processes a subsequent return. IRS will also use the United States Postal Service database. Generally, if the taxpayer’s old name and address match the old name and address in the Post Office’s database, the new address in the Post Office database will be considered the taxpayer’s last known address unless clear and concise notification is given to the IRS.

Despite case law and regulations providing guidance in the area, there remains some gaps. Consider a recent inquiry to this firm where a non-resident, non-citizen returns to his homeland and does not receive any one of a series of notices from proposed adjustments, through deficiency and levy. Clearly, the USPO data base was of no help to this individual who gave up his apartment many years ago.

There is another remote area that is not in the public consciousness and it involves audit procedures of partnerships. There are two types, TEFRA and non-TEFRA. TEFRA proceedings are designed to centralize issues under examination to eliminate inconsistent results in multiple audit proceedings of tiered partnerships by requiring a determination of the issues in one examination conducted at the highest tier partnership.  In Bedrosian, the Tax Court issued majority, concurring and dissenting opinions in what may only be described as a nightmare of procedural errors and false steps. Although the case involved a Son of Boss tax shelter, the case is more notable because the taxpayer lost the opportunity to opt-out of the TEFRA proceeding and contest on a non-partnership basis. The TEFRA notice was sent to the last known address and thus was held to be valid and the fact that the taxpayer did not receive the notice was irrelevant. The last known address rule also allowed IRS to use TEFRA to extend what had been a blown statute of limitations on the audit which began as an non-TEFRA audit.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What? post image

You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]

Author: George McGowan

Link to post with title - "You Just Received a Federal Grand Jury Subpoena in New Jersey: Now What?"
Why Every Business Should Conduct an Annual Insurance Coverage Review post image

Why Every Business Should Conduct an Annual Insurance Coverage Review

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]

Author: George McGowan

Link to post with title - "Why Every Business Should Conduct an Annual Insurance Coverage Review"
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!