- 7 - Here, the envelope with its contents, i.e., the notice of deficiency for 1990 and 1991, was returned unclaimed to respondent. Thus, there is no dispute that petitioners did not actually receive the notice of deficiency. In the context of a section 6330 proceeding, we have held that taxpayers cannot defeat actual receipt by deliberately refusing delivery of a notice of deficiency. Sego v. Commissioner, supra; accord Ashley v. Commissioner, T.C. Memo. 2002-286; Carey v. Commissioner, T.C. Memo. 2002-209; Hochschild v. Commissioner, T.C. Memo. 2002-195; Baxter v. Commissioner, T.C. Memo. 2001-300. In this case, respondent mailed, by certified mail, a notice of deficiency to petitioners at their last known address, the 80 North Star Trail address. Petitioners did not actually receive the notice because it was returned to the IRS after one attempted delivery by the USPS. In Sego v. Commissioner, supra, we held that the taxpayer was precluded from challenging her underlying tax liability under section 6330 even though she did not actually receive a notice of deficiency. We did so 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, wherein we held that the conduct 4(...continued) Commissioner, 92 T.C. 729, 735-736 (1989), affd. without published opinion 935 F.2d 1282 (3d Cir. 1991); Shelton v. Commissioner, 63 T.C. 193 (1974).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011