Peter R. Little - Page 8

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          Based on the record presented, we hold that petitioner has                  
          failed to satisfy his burden of proof.  The proof submitted by              
          petitioner is limited to his testimony at the hearing on August             
          16, 1995, and the statements contained in his Rule 50(c)                    
          statement.  Petitioner states that he distinctly remembers                  
          placing the envelope bearing the petition in the metered mail               
          slot at the U. S. Post Office located at Grand Central Station in           
          New York City at approximately 5:15 p.m. on February 27, 1995.              
          Unfortunately, without more, we are unable to accept uncritically           
          petitioner's professed recollection of the events surrounding the           
          mailing of the petition.   See Tokarski v. Commissioner, 87 T.C.            
          74, 77 (1986) (the Court is not required to accept a taxpayer's             
          self-serving testimony as gospel).  Such professed recollection             
          does not, by itself, constitute convincing proof that the                   
          envelope bearing the petition was timely deposited in the United            
          States mail on the critical date.  Under the circumstances, we              
          hold that petitioner failed to prove that the envelope actually             
          entered the United States mail system on February 27, 1995, as              
          alleged.                                                                    
          Even if petitioner is deemed to have satisfied the timely                   
          mailing requirement of the three-prong test of section 301.7502-            
          1(c)(1)(iii)(b), Proced. & Admin. Regs., there is no evidence in            
          the record demonstrating either that the delay in the delivery of           
          the envelope was due to a delay in the transmission of the mail             
          or the cause of any such delay.  See Grassam v. Commissioner,               
          T.C. Memo. 1994-504.  We observe that the envelope is not torn,             





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