- 9 - Petitioner struggles to convince us by raising meritless arguments that respondent did not properly mail, and petitioner did not receive, the notice of deficiency. Petitioner argues, among other things, that there could have been a mistake because Pam Butler, respondent’s clerk who mailed the notice of deficiency, did not place a check mark next to each name on Form 3877, despite testimony from John Bohan and Pam Butler that the notice of deficiency and the mailing labels were double checked before the Form 3877 was generated and from Dwight Davies that the post office checks the article numbers on the pieces of certified mail against the article numbers listed on Form 3877. Petitioner also argues that respondent’s settlement officers deliberately withheld, refused to look for, or destroyed exculpatory evidence because they were afraid of losing their jobs and perjured themselves to “cover up that fact.” Specifically, petitioner asserts that respondent’s settlement officers did not obtain evidence of a certified mail signed receipt. We find petitioner’s arguments lacking in merit. Other than his self-serving testimony that he never received the notice of deficiency, petitioner has not produced sufficient credible evidence to overcome the strong presumption of proper mailing and delivery in the instant case. See Sego v. Commissioner, supra at 611; see also Zenco Engg. Corp. v. Commissioner, supra at 323 (stating “tax cases could all becomePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011