Nick A. Shubin - Page 4

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          Commissioner’s mailing practices corroborated by direct                     
          testimony.  Coleman v. Commissioner, 94 T.C. 82, 90 (1990);                 
          Magazine v. Commissioner, 89 T.C. 321 (1987).  A U.S. Postal                
          Service Form 3877 reflecting postal receipt represents direct               
          documentary evidence of the date and the fact of mailing.                   
          Magazine v. Commissioner, supra at 324, 327.  The certified mail            
          list submitted by respondent performs the same function as Form             
          3877.  Massie v. Commissioner, T.C. Memo. 1995-173, affd. without           
          published opinion 82 F.3d 423 (9th Cir. 1996); Virgin v.                    
          Commissioner, T.C. Memo. 1991-63.  Where the existence of the               
          notice of deficiency is not in dispute, a properly completed Form           
          3877 by itself is sufficient, absent evidence to the contrary, to           
          establish the date of mailing of the notice to a taxpayer.                  
          United States v. Zolla, 724 F.2d 808, 810 (9th Cir. 1984);                  
          Coleman v. Commissioner, supra at 91.  Given that the record in             
          the instant case does not contain any evidence to the contrary,             
          we conclude that respondent issued to petitioner a notice of                
          deficiency on January 5, 1996, as the certified mail list                   
          establishes.  In that petitioner filed a petition with the Court            
          disputing that notice of deficiency on June 28, 2002, which is              
          more than 6 years after the expiration of the 90-day period                 
          prescribed by section 6213(a), we conclude that we lack                     
          jurisdiction as to 1991.  See De Welles v. United States, supra.            







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