John D. Spivey and Pamela K. Spivey - Page 16




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          Northside Drive, Atlanta, Georgia 30327.7  The PS Form 3877 in              
          question was properly completed and initialed by a representative           
          of respondent and contained a stamp showing receipt on May 5,               
          1999, of the items listed on that form by an office of the Postal           
          Service in Atlanta, Georgia, as evidenced by the stamp of the               
          Postal Service on the PS Form 3877 in question and the signature            
          of a Postal Service representative.                                         
               A PS Form 3877 reflecting receipt by the Postal Service                
          represents direct documentary evidence of the date and the fact             
          of mailing.  See Coleman v. Commissioner, supra at 90.  A prop-             
          erly completed and executed PS Form 3877 also reflects compliance           
          with respondent’s established procedures for mailing deficiency             
          notices.  See Keado v. United States, supra at 1212-1213; Coleman           
          v. Commissioner, supra.  Where the existence of the notice of               
          deficiency is not disputed, or, as is the case here, has been               
          established, a properly completed PS Form 3877 by itself is                 
          sufficient, absent evidence to the contrary, to show that the               
          notice of deficiency was properly mailed to a taxpayer, that is             
          to say, raises a presumption of official regularity in favor of             
          respondent.  See Keado v. United States, supra; United States v.            
          Zolla, supra at 810; United States v. Ahrens, supra; Coleman v.             

               7The PS Form 3877 in question also shows that on May 5,                
          1999, respondent mailed to Perimeter by certified mail a final              
          notice of deficiency with respect to Perimeter’s taxable year               
          ended Jan. 31, 1997, and that on the same date a copy of that               
          notice was mailed by certified mail to Mr. Kelly to whom                    
          Perimeter had granted a power of attorney.                                  




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