Geoffrey K. Calderone - Page 7

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          deficiency means receipt in time to petition this Court for                 
          redetermination of the deficiency asserted in such notice.  Sec.            
          301.6330-1(e)(3), Q&A-E2, Proced. & Admin. Regs.  Section                   
          6330(c)(2)(B) contemplates actual receipt of the notice of                  
          deficiency by the taxpayer.  See Tatum v. Commissioner, T.C.                
          Memo. 2003-115.                                                             
          The parties agree that respondent has the burden of showing                 
          that petitioner either received the notice of deficiency or                 
          otherwise had an opportunity to dispute the tax liability.                  
          II.  Analysis                                                               
               A.  Receipt of the Notice of Deficiency                                
               Respondent argues that the notice of deficiency was sent to            
          petitioner’s last known address and that petitioner failed to               
          produce any evidence showing that he did not receive the notice             
          of deficiency in a timely manner.  However, petitioner points out           
          that respondent has failed to produce any evidence that the U.S.            
          Postal Service (USPS) attempted to deliver the notice of                    
          deficiency or that petitioner refused delivery.                             
               Respondent also argues that petitioner’s allegations are               
          insufficient to override the “presumption of receipt” or delivery           
          as described in Sego v. Commissioner, 114 T.C. 604, 611 (2000).             
          Absent clear evidence to the contrary, USPS employees are                   
          presumed to properly discharge their official duties, justifying            
          the conclusion that the statutory notice was sent and that                  






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