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
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

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!