Herman W. Beacham - Page 4

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          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 within              





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