Craig D. Hollingsworth - Page 9




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         date was a Sunday, the filing deadline was extended to Monday,               
         August 16, 1999.  See sec. 7503.                                             
              The envelope in which petitioner mailed his 1998 income tax             
         return bears a U.S. Postal Service postmark date of August 16,               
         1999, and petitioner’s return was received by respondent’s                   
         service center 2 days later.  Accordingly, because petitioner’s              
         return was timely mailed, it is treated as having been timely                
         filed.  See sec. 7502(a).                                                    
              Because petitioner timely filed his 1998 income tax return,             
         we hold that he is not liable for the addition to tax under                  
         section 6651(a)(1).                                                          
              C.  Conclusion                                                          
              Reviewed and adopted as the report of the Small Tax Case                
         Division.                                                                    
              To reflect our disposition of the disputed issues,                      


                                            Decision will be entered for              
                                       respondent as to the deficiency in             
                                       income tax and for petitioner as to            
                                       the addition to tax.                           













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