Michael T. & Leone Carey - Page 9




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          under section 6330 although she did not actually receive a notice           
          of deficiency.  On the basis of Erhard v. Commissioner, 87 F.3d             
          273 (9th Cir. 1996), affg. T.C. Memo. 1994-344, and Patmon &                
          Young Profl. Corp. v. Commissioner, 55 F.3d 216, 218 (6th Cir.              
          1995), affg. T.C. Memo. 1993-143, we held that the conduct of the           
          wife and her husband “constituted deliberate refusal of delivery            
          and repudiation of their opportunity to contest the notices of              
          deficiency in this Court”.  Sego v. Commissioner, supra at 611;             
          accord Baxter v. Commissioner, T.C. Memo. 2001-300.  We believe             
          that the same principle applies here.  Although Mr. Carey                   
          testified that he did not know that the Commissioner was                    
          attempting to deliver a notice of deficiency to him and his wife,           
          the facts and circumstances of this case, coupled with our                  
          observation of Mr. Carey during his testimony, lead us to                   
          conclude that petitioners deliberately refused delivery of the              
          notice.  First, absent clear evidence to the contrary, employees            
          of the USPS are presumed to properly discharge their official               
          duties.  United States v. Chem. Found., Inc., 272 U.S. 1, 14-15             
          (1926) (“The presumption of regularity supports the official acts           
          of public officers and, in the absence of clear evidence to the             
          contrary, courts presume that they have properly discharged their           
          official duties.”).  Petitioners have not rebutted this                     
          presumption as to the USPS’s attempted delivery of the notices of           
          deficiency.  Second, the Lawrence address housed a small business           






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