Jack Alban Koerner - Page 8

                                                - 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 and remanding an unpublished order of this                         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

Last modified: May 25, 2011