Peter R. Little - Page 6

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               the document is received after the time when a document                
               so mailed and so postmarked by the United States Post                  
               Office would ordinarily be received, such document will                
               be treated as having been received at the time when a                  
               document so mailed and so postmarked would ordinarily                  
               be received, if the person who is required to file the                 
               document establishes (i) that it was actually deposited                
               in the mail before the last collection of the mail from                
               the place of deposit which was postmarked (except for                  
               the metered mail) by the United States Post Office on                  
               or before the last date, or the last day of the period,                
               prescribed for filing the document, (ii) that the delay                
               in receiving the document was due to a delay in the                    
               transmission of the mail, and (iii) the cause of such                  
               delay. *  *  *  [Emphasis added.]                                      
          The validity of this regulation has been upheld.  Lindemood v.              
          Commissioner, 566 F.2d 646, 649 (9th Cir. 1977), affg. T.C. Memo.           
          1975-195; Fishman v. Commissioner, 420 F.2d 491, 492 (2d Cir.               
          1970), affg. 51 T.C. 869 (1969).                                            
          The notices of deficiency in the present case were mailed to                
          petitioner on November 30, 1994.  Consequently, the 90-day period           
          for filing a timely petition with this Court expired on Tuesday,            
          February 28, 1995.  Although the envelope in which the petition             
          was mailed to the Court bears a private postage meter postmark              
          date of February 27, 1995, the 89th day after the mailing of the            
          notices of deficiency, the envelope was not received by the Court           
          until March 9, 1995, 10 days after it was purportedly mailed.               
          Obviously, the petition was not received by the Court within the            
          normal mailing time between New York, New York, and Washington,             
          D.C., in respect of an item of first class mail.  Consequently,             
          under section 301.7502-1(c)(1)(iii)(b), Proced. & Admin. Regs.,             
          petitioner must establish that:  (1) The envelope bearing the               
          petition was actually deposited in the mail in a timely fashion,            





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