Herman W. Beacham - Page 7

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          the lawyer for mail delivery were used, delivery would have been            
          on June 22, 1995, but was not until June 26, 1995.  Therefore,              
          clearly, delivery was not within the normal time for mailing if             
          in fact the envelope containing the petition was mailed on June             
          15, 1995, as petitioner contends.                                           
               Since the final date for filing the petition was not until             
          June 19, 1995, we specifically asked petitioner's attorney to               
          state whether petitioner was contending that receipt in the                 
          normal time from June 19, 1995, would cause the filing date of              
          the petition to be timely.  Petitioner made no argument in this             
          regard.  However, the delivery date of June 26 was not within the           
          normal time for transmission of mail from Birmingham, Alabama, to           
          Washington, D.C., in June 1995, according to the experience of              
          the U.S. Postal Service, for a document mailed on June 19, 1995.            
          However, since the actual private metered postmark date was June            
          15 and the testimony is that June 15 was the date of mailing, it            
          would appear that normal receipt would be judged from that date.            
               It is certainly unfortunate that a petition purportedly                
          mailed 4 days before the 90th day after the mailing of the notice           
          of deficiency was not received by the Court until the 11th day              
          after its mailing.  However, since petitioner used a private                
          metered postmark rather than taking the envelope to the post                
          office and having it postmarked, the regulations have not been              
          complied with in this case since petitioner has not shown that              





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