Steven and Davina Sego - Page 6




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               The record contains other documents that respondent asserts            
          are indicative of Steven Sego’s “deliberate practice of refusing            
          to accept mail sent by respondent, including (a) the ‘Refusal to            
          Accept Service of Form 668-(Y)(c)’ stated in a document entitled            
          ‘Final Declaration - Form 668(Y)(c) Refused for Cause without               
          Dishonor & Notice of Default’ dated July 12, 1998".  Respondent             
          further alleges:                                                            
               A document entitled “Witnessed Notice & Refusal” dated                 
               July 12, 1998, confirms that petitioner Davina Sego                    
               shared in her husband’s views and practices with regard                
               to the refusal to accept mail from respondent.  In that                
               document Davina Sego referred to her husband’s “Final                  
               Declaration - Form 668(Y)(c) Refused for Cause without                 
               Dishonor & Notice of Default” of the same date, and                    
               requested that it “be deemed as if I had stated it.”                   
               * * *                                                                  
                                                                                     
          Respondent’s position is that “The foregoing evidence leads to              
          the conclusion that petitioner Davina Sego deliberately refused             
          to claim the statutory notice of deficiency mailed to her on                
          August 13, 1997.”                                                           
               The Postal Service employee responsible for the postal route           
          that includes petitioners’ address testified that she attempted             
          delivery of certified mail to Davina Sego on August 18, 1997, and           
          left a second notice of attempted delivery on August 25, 1997.              
          By reference to exhibits, she identified the certified mail as              
          the August 13, 1997, statutory notice of deficiency.1                       


               1  Petitioners sought to reopen the record by reference to             
          subsequent events allegedly reflecting on the credibility of the            
                                                             (continued...)           





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