- 20 - (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 byPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011