Carter B. Tatum, Jr. and Barbara B. Tatum - Page 7

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               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).                                                            




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