Geoffrey K. Calderone - Page 8

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          attempts to deliver were made in the manner contended by                    
          respondent.  Id.  Further, in the context of a section 6330                 
          proceeding, taxpayers cannot defeat “actual receipt” by                     
          deliberately refusing delivery of a notice of deficiency.  Id.;             
          see also Hochschild v. Commissioner, T.C. Memo. 2002-195 (raising           
          presumption of delivery when several attempts at delivery were              
          made, and the notice went unclaimed).                                       
               However, the facts we consider here are more analogous to              
          those in Tatum v. Commissioner, T.C. Memo. 2003-115.  In that               
          case, this Court found it significant that the USPS made only one           
          attempt at delivery and that the taxpayer did not intentionally             
          refuse delivery, distinguishing the case from Sego where there              
          were multiple attempts to deliver and the taxpayer intentionally            
          refused delivery.  Id.  Moreover, the taxpayers in Tatum credibly           
          testified that they did not receive a notice or know the USPS was           
          attempting to deliver one.  Id.                                             
               In this case, even though it was shown that the notice was             
          addressed to petitioner, respondent has not introduced evidence             
          showing that the notice was submitted to the USPS for delivery at           
          all.  Unlike Sego, where it was shown that delivery was attempted           
          several times, respondent has not shown a single attempt at                 
          delivery.  If Postal Service employees properly discharged their            
          official duties, respondent would have received a signed                    
          certified mail receipt or a returned notice of deficiency.                  






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