Dimitrios T. Manousos and Anne M. Manousos - Page 10




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          have never denied receipt, see Rule 121(d), and Mrs. Manousos               
          candidly admitted at the hearing that petitioners could not                 
          recall whether or not they had received the notice of                       
          deficiency.4  Moreover, other notices and letters, such as the              
          final notice, the settlement officer’s correspondence, and the              
          notice of determination were all sent to petitioners at the same            
          address as the notice of deficiency, and all such notices and               
          letters were received by petitioners.                                       
               In Zenco Engg. Corp. v. Commissioner, 75 T.C. 318, 323                 
          (1980), affd. without published opinion 673 F.2d 1332 (7th Cir.             
          1981), we held that “There is a strong presumption in the law               
          that a properly addressed letter will be delivered, or offered              
          for delivery, to the addressee.”  Further, it is clear that in              
          general, and in the absence of clear evidence to the contrary,              
          compliance with certified mail procedures raises a presumption of           
          official regularity in delivery and receipt with respect to                 
          notices sent by the Commissioner.  See United States v. Zolla,              
          724 F.2d 808, 810 (9th Cir. 1984); United States v. Ahrens, 530             
          F.2d 781, 784-785 (8th Cir. 1976); Clough v. Commissioner, 119              
          T.C. 183, 187-188 (2002).                                                   



               4  Respondent’s Motion For Summary Judgment, and to a lesser           
          extent the settlement officer’s attachment to the notice of                 
          determination, make plain respondent’s view that petitioners did,           
          in fact, receive the July 29, 2004 notice of deficiency.  Thus,             
          petitioners had every incentive to contest that matter if it were           
          not factually accurate.                                                     





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