Thomas R. Hochschild, Sr. - Page 9




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          of deficiency * * * or did not otherwise have an opportunity to             
          dispute such tax liability.”  In the context of a section 6330              
          proceeding, we have held that a taxpayer cannot circumvent the              
          condition by deliberately refusing delivery of the statutory                
          notice.  See Sego v. Commissioner, 114 T.C. 604 (2000); Baxter v.           
          Commissioner, T.C. Memo. 2001-300.  In those cases, it was shown            
          that the taxpayers intentionally refused delivery.  In this case,           
          respondent has sufficiently shown that a notice was mailed to               
          petitioner’s last known address and that the U.S. Postal Service            
          made several attempts at delivery, but the notice was unclaimed.            
          That evidence is sufficient to raise a presumption of official              
          regularity and of delivery.  See Sego v. Commissioner, supra at             
          610-611.                                                                    
               In addition, petitioner does not argue that he was deprived            
          of the opportunity to contest the statutory notice in court.                
          Instead, petitioner argues that respondent had no basis for                 
          issuing the notice.  Petitioner’s argument contains the                     
          assumption that the notice was issued, but that it is without               
          merit or substance.  Accordingly, we treat this situation as one            
          where petitioner had the opportunity to contest respondent’s                
          determination and chose not to.  In the context of a section 6330           
          hearing, the question of whether the failure to challenge was               
          deliberate is irrelevant.  The language of the statute only                 








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