- 16 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011