- 8 - handled pursuant to the postal regulations, and this is further evidence of postal mishandling. Williams testified that she could not recall delivering this particular piece of mail. Such a lack of recollection may seem entirely appropriate in view of the large number of items handled each day by a letter carrier. Here the item was certified and supposedly went out for delivery several times before return to the sender with markings that are chronologically impossible. In sum, the letter carrier has no recollection of the item; at least one of the stampings on the envelope is at best inaccurate; and the postal authorities failed to follow their own regulations concerning the handling of certified mail. There is evidence of irregularity in the Postal Service's handling of the item here and, with respect to the issue of actual delivery, those irregularities are too significant to be ignored. Additionally, both petitioners have testified that they did not receive the certified mail delivery they were awaiting. Anthony Sicari was explicit and emphatic in his testimony that he had been told to await the deficiency notice and call his tax advisers immediately upon the receipt of such a document. One of his accountants, Noreen Masztal, testified that she had explained to Mr. Sicari that the 90-day letter should be expected and that in their own interests the Sicaris should act on it promptly.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011