- 7 - deficiency were mailed to him. Nor did petitioner testify that he did not receive the notices.3 The parties have stipulated, and the record establishes, that respondent mailed the notices of deficiency to petitioner at his residence. In the absence of sufficient evidence to the contrary, and in the absence of an affirmative denial by petitioner that he received the notices, we conclude that petitioner, in fact, received the notices. See Sego v. Commissioner, supra at 611 (“In the absence of clear evidence to the contrary, the presumptions of official regularity and of delivery justify the conclusion that the statutory notice was sent and that attempts to deliver were made in the manner contended by respondent.”). In his petition and at trial, petitioner disputes only the underlying 1995 and 1996 tax liabilities. However, because petitioner received the notices of deficiency, he is precluded from contesting the underlying tax liabilities in this case. Sec. 6330(c)(2)(B); Goza v. Commissioner, 114 T.C. 176 (2000). Petitioner has not set forth any other arguments concerning respondent’s determination, such as a spousal defense, a challenge to the appropriateness of collection activities, or an offer of a collection alternative. Nor has petitioner alleged 3Petitioner likewise offered no evidence concerning the underlying tax liabilities, stating that he had been informed that the underlying deficiencies would not be addressed at trial.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011