Douglas Leroy and Nancy Helene Maxfield - Page 6




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          I. Whether Petitioners Can Challenge the Underlying Tax                     
               Liability                                                              
               Petitioners contend that the assessment of tax was untimely.           
          In the alternative, petitioners contend that the adjustments in             
          the notice of deficiency are erroneous.  Each contention                    
          constitutes a challenge to the underlying tax liability.  See               
          Hoffman v. Commissioner, 119 T.C. 140, 145 (2002); Butti v.                 
          Commissioner, T.C. Memo. 2006-66.                                           
               Respondent argues that petitioners cannot dispute the                  
          underlying tax liability because they received a notice of                  
          deficiency.  See sec. 6330(c)(2)(B).  Petitioners concede that              
          respondent mailed a notice of deficiency but assert that it was             
          never delivered to them.                                                    
               If the Commissioner properly mails a notice of deficiency to           
          a taxpayer’s last known address, a presumption arises that the              
          notice was delivered to the taxpayer in the normal course of the            
          mail.  Zenco Engg. Corp. v. Commissioner, 75 T.C. 318, 323                  
          (1980), affd. without published opinion 673 F.2d 1332 (7th Cir.             
          1981); Hovind v. Commissioner, T.C. Memo. 2006-143.  The                    
          Commissioner bears the burden of proving proper mailing of a                
          notice of deficiency.  Coleman v. Commissioner, 94 T.C. 82, 90              
          (1990).  Proper mailing may be shown by evidence of the                     
          Commissioner’s mailing practices corroborated by direct testimony           
          or documentary evidence of mailing.  Magazine v. Commissioner, 89           
          T.C. 321, 326 (1987); Hovind v. Commissioner, supra.  A U.S.                






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