Steven and Davina Sego - Page 12




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          Internal Revenue Service, accusing supposed adversaries of false            
          statements and fabrication of documents, and belatedly raising              
          new issues.                                                                 
               The record in this case contains a copy of a notice of                 
          deficiency dated August 13, 1997, addressed to Davina Sego; a               
          Form 3877 indicating that the notice was sent on the date it                
          bears; corroborating Postal Service forms and testimony                     
          indicating attempted delivery of the statutory notice to Davina             
          Sego at the address acknowledged by petitioners to be their                 
          residence; and evidence that Davina Sego would not have                     
          petitioned the Court in response to the statutory notice of                 
          deficiency if she had actually received it.  In the absence of              
          clear evidence to the contrary, the presumptions of official                
          regularity and of delivery justify the conclusion that the                  
          statutory notice was sent and that attempts to deliver were made            
          in the manner contended by respondent.  See United States v.                
          Zolla, 724 F.2d 808 (9th Cir. 1984); United States v. Ahrens, 530           
          F.2d 781 (8th Cir. 1976).                                                   
               Davina Sego testified that she “did not recall” receiving              
          the Postal Service notices and asserted that the statutory notice           
          was “fabricated”.  Her alleged subjective belief is not evidence,           
          and there is no evidence of irregularity in this case.  See also            
          Pietanza v. Commissioner, 92 T.C. 729 (1989), affd. 935 F.2d 1282           
          (3d Cir. 1991).  Based on the Court’s observation of petitioners,           






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