
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.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
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!