- 4 - Court. There were no circumstances or events known to or recorded by the post office in Birmingham with respect to disruption in the normal postal service between the post office box in which petitioner's petition was mailed and Washington, D.C., in June 1995. An attorney practicing in Birmingham who very often mails documents to Washington, D.C., primarily to the Department of Justice, has found that the documents he mails from Birmingham, Alabama, to Washington, D.C., very often take 5 business days to arrive. When a weekend is involved it is not uncommon for receipt of the document to be a week after the date it was mailed. It is petitioner's position that the evidence shows that the envelope in which the petition in this case was mailed was placed in a U.S. mailbox in Birmingham, Alabama, on June 15 and that its receipt by the Court on June 26 should under the provisions of section 7502, be sufficient to show that the petition was timely filed. Section 7502(a) provides that a document, including a petition to be filed with the Tax Court, which is properly mailed within the period prescribed for its filing and delivered to the Tax Court after the expiration of such period will be deemed to be filed on the date of the U.S. postmark stamped on the envelope if the U.S. postmark date stamped on the envelope falls withinPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011