- NEXTRECORD - Petitioner contends that no notice of deficiency exists for the taxable years 1989 through 1991, as evidenced by the fact that respondent has been unable to produce a copy of any notice for those years. Further, petitioner contends that if such notice of deficiency exists, notices of deficiency for the taxable years 1989 through 1993 were never mailed to her. Finally, petitioner contends that even if notices of deficiency for the taxable years 1989 through 1993 were mailed to her, such notices were not mailed to her last known address. As explained more fully below, we hold: (1) Respondent presented sufficient evidence to prove the existence of a notice of deficiency for the taxable years 1989 through 1991; (2) respondent mailed notices of deficiency for the taxable years 1989 through 1993 on January 24, 1995; and (3) notices of deficiency were mailed to petitioner at her last known address. Respondent bears the burden of proving that she mailed notices of deficiency to petitioner and the date on which the notices were mailed. Pietanza v. Commissioner, supra at 736; August v. Commissioner, 54 T.C. 1535, 1536 (1970). Respondent is required to introduce evidence showing that notices of deficiency were properly delivered to the Postal Service for mailing. Coleman v. Commissioner, 94 T.C. 82, 90 (1990); see Cataldo v. Commissioner, 60 T.C. 522 (1973), affd. per curiam 499 F.2d 550 (2d Cir. 1974). The act of mailing may be proven by evidence of respondent's mailing practices corroborated by testimony orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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