- 6 - their petition. See Sicari v. Commissioner, 136 F.3d 925 (2d Cir. 1998), (citing Pugsley v. Commissioner, 749 F.2d 691, 692- 693 (11th Cir. 1985)); see also Frieling v. Commissioner, 81 T.C. 42, 53 (1983). There is a strong presumption in the law that a properly addressed letter will be delivered, or offered for delivery, to the addressee. See Hoffenberg v. Commissioner, 905 F.2d 665, 666 (2d Cir. 1990), affg. T.C. Memo. 1989-676; Mulder v. Commissioner, 855 F.2d 208, 212 (5th Cir. 1988), revg. T.C. Memo. 1987-363; Zenco Engineering Corp. v. Commissioner, 75 T.C. 318, 323 (1980), affd. 673 F.2d 1332 (7th Cir. 1981). This presumption can be rebutted with a showing of postal mishandling. See Mulder v. Commissioner, supra (lack of return receipt for deficiency notice indicates Postal Service mishandled the notice); Estate of McKaig v. Commissioner, 51 T.C. 331 (1968) (envelope was diverted by the Post Office); Violette v. Commissioner, T.C. Memo. 1994-173 (envelope with notation indicating "First Notice, 1-30-83", which preceded issuance of the notice of deficiency dated 01-27-86, "suggests a lack of attention to detail that we are unwilling to overlook under such circumstances".) Here we must determine whether, given the strong presumption of delivery, there was actual delivery of the notice of deficiency. Although the envelope containing the notice of deficiency was received by the Gardiner Post Office and was treated by thePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011