- 8 - 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 officialPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011