- 8 - Postal Service Form 3877.2 Nor did respondent provide the Court with evidence that normal office procedures were followed when the notice of deficiency purportedly was prepared and mailed. We are aware, from the many cases we have considered relating to the preparation and mailing of notices of deficiency, that the IRS has certain internal controls and procedures in the mailing of a notice of deficiency. We have no information that any of the controls or procedures for preparation or the mailing of a notice of deficiency were followed in this case. The record contains numerous letters from petitioner in response to the IRS referring to the years raised in the petition. However, there is no correspondence from petitioner referring to a notice of deficiency dated August 24, 1995. Thus, there is nothing in this case, apart from the Form 3877 itself, to support a presumption of regularity by the IRS. Pietanza v. Commissioner, 92 T.C. at 739; cf. United States v. Ahrens, 530 F.2d 781, 785 (8th Cir. 1976). In sum, respondent failed to prove that she issued a notice of deficiency to petitioner respecting the taxable years 1991, 1992, and 1993. Accordingly, we will dismiss this case for lack 2 This case is appealable to the Court of Appeals for the Fourth Circuit. See Powell v. Commissioner, 958 F.2d 53, 56-57 (4th Cir. 1992), revg. and remanding an unpublished order of this Court, where a notice of deficiency, which was not sent to the taxpayers' last known address, was returned by the Postal Service but could not be found in the IRS administrative file.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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