Theodore Jones - Page 7

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          reference to the envelope containing the petitions, Mr. Warren              
          writes:                                                                     
                    Since the correct address was used, it is impossible to           
               explain why your envelope was stamped "return to sender".              
               However, because the envelope was stamped "return to sender            
               undeliverable as addressed", this may have been the main               
               cause for delay.                                                       
                    Mr. Green, it is difficult to say where or who may have           
               crossed out the "return to sender" stamp on the front of the           
               envelope since you have stated it was never returned to you.           
               It is quite possible someone in the Washington Post Office             
               discovered the error and crossed out the stamp rerouting the           
               envelope as a good address.                                            
          Based on the appearance of the envelope and Mr. Warren's letter,            
          we conclude that the delay in delivery of the petitions to this             
          Court was due to a delay in the transmission of the mail, and               
          that the delay was caused by the Postal Service.  See, e.g.,                
          Langston v. Commissioner, T.C. Memo. 1997-303.                              
               Petitioners have satisfied the three elements of section               
          301.7502-1(c)(1)(iii)(b), Proced. & Admin. Regs., and the                   
          petitions are deemed to have been filed timely.  Therefore,                 
          respondent's motions to dismiss for lack of jurisdiction will be            
          denied.                                                                     
               To reflect the foregoing,                                              

                                                  An appropriate order                
                                             will be issued.                          










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