- 13 - his testimony that he “[didn’t] * * * recall receiving it” and he “did not document the receipt of it.” Petitioner admits that respondent mailed the notice of deficiency to the proper address, and petitioner received several other items of correspondence mailed by respondent to the same address both before and after the notice of deficiency was issued. Because petitioner has not produced any convincing evidence to rebut the presumption of delivery, we find that petitioner received the notice of deficiency. B. Other Opportunity To Dispute 1995 and 1996 Tax Liabilities Petitioner also argues that he did not have an opportunity to dispute his 1995 and 1996 tax liabilities because he was suffering from severe health problems that began in late 1998 and continued through 2000. Section 6330(c)(2)(B) provides that a taxpayer may dispute the existence or amount of unpaid tax liability if he did not receive a notice of deficiency or otherwise have an opportunity to dispute such tax liability. The “opportunity to dispute such tax liability” includes a conference with the Appeals Office, either before or after the tax liability is assessed. Sec. 301.6330-1(e)(3), Q&A-E2, Proced. & Admin. Regs. Even if we assume that petitioner did not receive the notice of deficiency mailed by respondent on April 15, 1999, the record establishes that petitioner had several opportunities betweenPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011