- 9 - of deficiency * * * or did not otherwise have an opportunity to dispute such tax liability.” In the context of a section 6330 proceeding, we have held that a taxpayer cannot circumvent the condition by deliberately refusing delivery of the statutory notice. See Sego v. Commissioner, 114 T.C. 604 (2000); Baxter v. Commissioner, T.C. Memo. 2001-300. In those cases, it was shown that the taxpayers intentionally refused delivery. In this case, respondent has sufficiently shown that a notice was mailed to petitioner’s last known address and that the U.S. Postal Service made several attempts at delivery, but the notice was unclaimed. That evidence is sufficient to raise a presumption of official regularity and of delivery. See Sego v. Commissioner, supra at 610-611. In addition, petitioner does not argue that he was deprived of the opportunity to contest the statutory notice in court. Instead, petitioner argues that respondent had no basis for issuing the notice. Petitioner’s argument contains the assumption that the notice was issued, but that it is without merit or substance. Accordingly, we treat this situation as one where petitioner had the opportunity to contest respondent’s determination and chose not to. In the context of a section 6330 hearing, the question of whether the failure to challenge was deliberate is irrelevant. The language of the statute onlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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