Geoffrey K. Calderone - Page 9

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          Respondent has not offered evidence of certified mail or of an              
          attempt to deliver the notice of deficiency.  Moreover,                     
          respondent has produced no evidence that petitioner intentionally           
          refused delivery.  Finally, petitioner’s uncontroverted testimony           
          states that he did not receive a notice of deficiency or know               
          that the USPS was attempting to deliver one to him.                         
               In light of (1) the absence of evidence of any attempted               
          delivery by the USPS, a certified mail receipt, or an unclaimed             
          or refused notice of deficiency, or (2) the uncontradicted                  
          testimony that petitioner did not receive the notice of                     
          deficiency, respondent has not shown that petitioner actually               
          received the notice, despite the presumption of regularity in               
          delivery.                                                                   
               B.  Otherwise Had an Opportunity To Dispute                            
               Respondent contends that petitioner had the opportunity to             
          dispute the liability because Mr. Jacob timely received the                 
          notice of deficiency and could have filed a Tax Court petition on           
          petitioner’s behalf.  Respondent also contends that petitioner              
          was sent a copy of correspondence from Mr. Jacob to Ms. Connor              
          regarding the notice.  Further, respondent claims petitioner                
          communicated with Ms. Connor after she timely received the                  
          notice.                                                                     









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