James K. Wise and Claudia R. Wise - Page 20

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          (9th Cir. 1984), affg. T.C. Memo. 1982-371; Abramo v.                       
          Commissioner, 78 T.C. 154, 163 (1982).                                      
               Section 7502(a) provides that when a return is delivered by            
          U.S. mail to the IRS office to which such return is required to             
          be filed after the date prescribed for its filing, the date of              
          the U.S. postmark stamped on the envelope in which the return is            
          mailed is deemed to be the date the return is delivered to the              
          IRS.  Walden v. Commissioner, 90 T.C. 947, 952 (1988).  Section             
          7502(c) provides that if a return is sent by U.S. registered or             
          certified mail, the registration or certification is prima facie            
          evidence that the return was delivered to the IRS office to which           
          addressed.  See Walden v. Commissioner, supra at 952; sec.                  
          301.7502-1(d)(1), Proced. & Admin. Regs.  And when taxpayers do             
          not use registered or certified mail, they must assume the risk             
          of nondelivery of the return to the IRS.  Walden v. Commissioner,           
          supra at 952; sec. 301.7502-1(c)(2), Proced. & Admin. Regs.                 
               Petitioners requested an extension to file their 1985                  
          Federal income tax return and remitted a payment of $10,000 along           
          with their extension request.  Petitioners' 1985 Federal tax                
          return was due April 15, 1986, or if properly extended, no later            
          than October 15, 1986.  Secs. 6081(a), 6651(a)(1); sec. 1.6081-             
          1(b), Income Tax Regs.  However, there is no record that their              
          1985 Federal income tax return was filed until July 29, 1988.               
          Petitioners did not mail their 1985 Federal income tax return by            






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