Carter B. Tatum, Jr. and Barbara B. Tatum - Page 8

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          of the taxpayers “constituted deliberate refusal of delivery and            
          repudiation of their opportunity to contest the notices of                  
          deficiency in this Court”.  Sego v. Commissioner, supra at 611;             
          accord Baxter v. Commissioner, T.C. Memo. 2001-300.                         
               Relying on Sego v. Commissioner, supra, and Baxter v.                  
          Commissioner, supra, respondent herein contends that petitioners’           
          failure to claim the certified letter cannot support any claim they         
          may have that they did not receive the notice.  Those cases are             
          distinguishable from the case now before us.  In those cases, it            
          was demonstrated that the USPS made multiple attempts to deliver            
          the notices of deficiency and the taxpayers intentionally refused           
          delivery.  See also Ashley v. Commissioner, T.C. Memo. 2002-286;            
          Carey  v.  Commissioner,  T.C.  Memo.  2002-209; Hochschild v.              
          Commissioner, T.C. Memo. 2002-195.  By contrast, in this case, the          
          USPS made only one attempt at delivery before returning the notice          
          as unclaimed.  On the basis of our observation of petitioners               
          during their testimony, we are satisfied that petitioners did not           
          deliberately refuse delivery of the notice.                                 
               Absent clear evidence to the contrary, employees of the USPS           
          are presumed to properly discharge their official duties.  United           
          States v. Chem. Found., Inc., 272 U.S. 1, 14-15 (1926) (“The                
          presumption of regularity supports the official acts of public              
          officers and, in the absence of clear evidence to the contrary,             
          courts presume that they have properly discharged their official            






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