Daniel Hubbard - Page 9

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          Sec. 6330(c)(2)(B); Goza v. Commissioner, 114 T.C. 176, 180-                
          181 (2000).  For purposes of section 6330(c)(2)(B), receipt                 
          of a notice of deficiency means receipt in time to petition                 
          this Court for redetermination of the deficiency determined                 
          in such notice.  Sec. 301.6330-1(e)(3), Q&A-E2, Proced. &                   
          Admin. Regs.                                                                
               The parties agree that respondent has the burden of                    
          showing that petitioner either received the notice of                       
          deficiency or otherwise had an opportunity to dispute the                   
          tax liability.                                                              
               We now consider respondent’s Motion for Summary                        
          Judgment.                                                                   
               Respondent argues that the notice of deficiency was                    
          sent to petitioner’s last known address by certified mail                   
          and that petitioner refused to accept delivery for it at the                
          United States Postal Service branch where it was held.  As                  
          evidence of mailing and attempted delivery, respondent has                  
          produced a photocopy of the original notice of deficiency,                  
          including the envelope in which the notice was sent.                        
               The envelope contains notations made by the United                     
          States Postal Service showing that its employees attempted                  
          delivery on no less than three separate occasions.  Absent                  
          clear evidence to the contrary, United States Postal Service                
          employees are presumed to properly discharge their official                 






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