Herman W. Beacham - Page 5

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          the period prescribed for filing the document.  With respect to             
          postmarks made by private postage meters, as was the case here,             
          section 7502(b) provides that section 7502 shall apply in the               
          case of postmarks not made by the U.S. Post Office only if and to           
          the extent provided by regulations prescribed by the Secretary or           
          his delegate.  Section 301.7502-1(c)(1)(iii)(b), Proced. & Admin.           
          Regs., sets forth the conditions under which a private metered              
          postmark, which bears a date within the time allowed for filing a           
          document, will meet the requirements of section 7502 that the               
          postmark date is the filing date.  These regulations provide that           
          if a document containing a private metered postmark is delivered            
          within the time ordinarily required for the delivery of a                   
          document properly mailed on the date of the postmark, the date of           
          the private metered postmark will be considered the filing date             
          if it falls on the last day or before the last day allowed for              
          the filing of the document.  This regulation further provides               
          that if the document is not delivered within the time ordinarily            
          required for delivery of such a document, the document will be              
          considered timely filed only if the person who is required to               
          file the document shows that the document was actually deposited            
          in the mail in time to be collected from the place of deposit on            
          or before the last day prescribed for filing, that the delay in             
          the delivery was attributable to delay in the transmission of the           
          mail, and the cause of such delay.                                          





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