
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comOf Counsel
732-568-8360 jmcdonough@sh-law.comThe 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.
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]
Author: Christopher D. Warren
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!