Robert T. Lundy - Page 7

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          6213(a) should be the date stamped on the envelope in which the             
          notice of deficiency was mailed.                                            
               In attempting to define the term "is mailed" appearing in              
          section 6213(a), we first observed that:                                    
               The term itself is not precise, and the legislative                    
               history shows only that such date is not the date of                   
               actual receipt by the taxpayer.  See Seidman's                         
               Legislative History of Federal Income Tax Laws (1938-                  
               1861) p.759; United Telephone Co., 1 B.T.A. 450 (1925).                
               [Traxler v. Commissioner, 61 T.C. at 98-99.]                           
          See Metropolitan Community Service, Inc. v. Commissioner, T.C.              
          Memo. 1987-240.                                                             
          In the absence of a statutory definition of the term "is                    
          mailed", we focused on three dates that arguably could apply for            
          purposes of computing the 90-day filing period:  (1) The date               
          appearing on the notice of deficiency; (2) the date that the                
          Commissioner delivered the notice of deficiency to the U.S.                 
          Postal Service; and (3) the date of the postmark (if any)                   
          appearing on the envelope bearing the notice of deficiency.                 
          Traxler v. Commissioner, 61 T.C. at 99.  Consistent with cases              
          such as Southern California Loan Association v. Commissioner,               
          supra, and Hurst, Anthony & Watkins v. Commissioner, supra, we              
          immediately eliminated from consideration the date appearing on             
          the notice of deficiency.  We reasoned that "it seems best not to           
          make taxpayers dependent on the efficiency of the Internal                  
          Revenue Service [in dating the notice of deficiency]".  Traxler             
          v. Commissioner, 61 T.C. at 99.                                             





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