- 6 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 Next
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