Garrett Lawrence Bailey - Page 13

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          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 between               






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