Stanley D. and Rosemary A. Clough - Page 8




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          of deficiency was mailed to them on December 4, 2001, their                 
          petition was not filed within the 90-day period prescribed in               
          section 6213(a).  The only dispute, therefore, is the date the              
          notice of deficiency was mailed.                                            
               Where the existence of a notice of deficiency is not                   
          disputed, a Postal Service Form 3877, Acceptance of Registered,             
          Insured, C.O.D. and Certified Mail, or its equivalent–-a                    
          certified mail list-–represents direct documentary evidence of              
          the date and the fact of mailing.  Coleman v. Commissioner, supra           
          at 90-91; see Magazine v. Commissioner, 89 T.C. 321, 324, 327               
          (1987).  A properly completed certified mail list reflects                  
          compliance with Internal Revenue Service procedures for mailing             
          deficiency notices.  Coleman v. Commissioner, supra at 90.                  
               Exact compliance with certified mail list procedures raises            
          a presumption of official regularity in favor of the                        
          Commissioner.  United States v. Zolla, 724 F.2d 808, 810 (9th               
          Cir. 1984).  A failure to comply precisely with the certified               
          mailing list  procedures may not be fatal if the evidence adduced           
          is otherwise sufficient to prove mailing.  Coleman v.                       
          Commissioner, supra at 91.                                                  
               Petitioners contend, however, that both the certified mail             
          list and the declaration executed by Mr. Holt constitute                    
          inadmissible hearsay, and respondent has otherwise failed to                
          prove the date that the notice of deficiency was mailed.                    






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