- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007