Legal Opinion

Jerry W. And Jeanette Mulder v. Commissioner of Internal Revenue

Court of Appeals for the Fifth Circuit

Decided September 19, 1988No. 87-4810PublishedCited by 36 opinions

1Opinion of the Court

POLITZ, Circuit Judge:

The sole question presented on this appeal from the Tax Court is whether the statutory notice of deficiency issued by the Commissioner of Internal Revenue to Jerry W. Mulder 1 was sent to his “last known address” as that term is used in section 6212(b) of the Internal Revenue Code. 2 Concluding that on the specific facts of this case, a mailing to the address on the questioned tax return did not constitute a mailing to Mulder’s last known address, we reverse and remand to the Tax Court for further proceedings.

Background

On his 1980 income tax return Mulder claimed a…

2Cases cited11 opinions

  1. Cool Fuel, Incorporated v. William H. Connett, Etc.Court of Appeals for the Ninth Circuit · 1982
  2. Alta Sierra Vista, Inc. v. CommissionerUnited States Tax Court · 1974
  3. Pyo v. CommissionerUnited States Tax Court · 1984
  4. Robert F. McPartlin and Geraldine McPartlin v. Commissioner of the Internal Revenue ServiceCourt of Appeals for the Seventh Circuit · 1981
  5. Brown v. CommissionerUnited States Tax Court · 1982

6 more not listed; retrieve them via the Exa API.

3Cited by36 opinions

  1. Barrera-Montenegro v. USA & Drug Enforcement AdministrationCourt of Appeals for the Fifth Circuit · 1996
  2. Monge v. CommissionerUnited States Tax Court · 1989
  3. Beitel v. OCA, Inc.Court of Appeals for the Fifth Circuit · 2008
  4. Maria Moya, as Personal Representative, for the Estate of Andelicio Moya v. United States of America, Department of Veteran's AffairsCourt of Appeals for the Tenth Circuit · 1994
  5. Steven Hoffenberg v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1990

31 more not listed; retrieve them via the Exa API.

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