Anthony and Esther Sicari - Page 7




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          Postal Service as properly addressed, we are not convinced that             
          the notice actually was delivered to petitioners.  The envelope             
          that contained the notice of deficiency indicates that there was            
          some postal mishandling.                                                    
               The date of "First Notice" precedes the issuance of the                
          notice of deficiency.  The envelope reflects an initial delivery            
          attempt on September 24, 1992.  The notice of deficiency was                
          issued on October 9, 1992.  The first notice of delivery date               
          precedes the date of issuance by 2 weeks, and plainly this                  
          circumstance evidences mishandling of this item by the postal               
          authorities.                                                                
               The return date does not correspond with proper mail                   
          handling procedure as provided by postal regulations.  Postal               
          regulations provide:                                                        
               The carrier must leave a notice of arrival * * * if the                
               carrier cannot deliver the certified article for any                   
               reason.  The article is brought back to the post office                
               and held for the addressee.  If the article is not                     
               called for within 5 days, a final notice is issued.  If                
               the article is not called for or redelivery of the                     
               article is not requested, it must be returned after 15                 
               days, unless the sender specifies a lesser number on                   
               the mailpiece.  Domestic Mail Manual sec. 912.55.                      
                                                                                     
               The statutory notice of deficiency was mailed by respondent            
          on October 9, 1992.  If the first attempted delivery was on                 
          October 10, 1992, the envelope did not have to be returned until            
          October 26, 1992.  The markings on the envelope indicate that the           
          envelope was returned on October 19, 1992.  The envelope was not            






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