-6- his postmark should fare any better, especially when the regulations require both postmarks to be made on or before the 90th day. * * * Wiese v. Commissioner, supra at 714-715; see also Kahle v. Commissioner, 88 T.C. 1063 (1987) (petition postmarked on 91st day was untimely whether postmark made by private meter or U.S. Postal Service; postmark date conclusive and extrinsic evidence not admissible to contradict it). In the instant case, the April 21, 1995, postmark on petitioner's envelope is conclusive. Petitioner's claimed prior attempt to mail the petition was unsuccessful and did not result in the filing of the petition. Evidence of such attempted mailing is inadmissible under Wiese and Kahle. Petitioner relies on Sylvan v. Commissioner, 65 T.C. 548 (1975), in which we considered extrinsic evidence of the date of mailing when the Post Office failed to postmark the envelope containing taxpayer's petition. In that case, the envelope had sufficient postage. It reached the Court within the normal period following a timely mailing. The Court drew an analogy to cases where the postmark on the envelope is illegible. See sec. 301- 7502-1(c)(iii)(A). In this case, petitioner's prior claimed mailing did not reach the Court and was returned for postage. Unlike Sylvan, the subsequent mailing bore a legible private postmeter date beyond the 90-day period for filing. Sylvan is therefore distinguishable on its facts. Petitioner could have obtained a United States postmark on aPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011