- 9 - burden of proving its applicability. Rules 39, 142(a). Petitioner must make a prima facie case establishing the filing of its return, the expiration of the statutory period, and receipt or mailing of the notice after the running of the period. Coleman v. Commissioner, 94 T.C. 82, 89 (1990). The notice of deficiency was mailed to petitioner on March 9, 1994. Petitioner contends that it mailed a return by first- class mail on June 1, 1990, and an amended return on October 28, 1990. Respondent has no record of receiving either of these returns. According to respondent's records, petitioner's return was received on March 11, 1991, less than 3 years before the mailing of the notice of deficiency. Consequently, we must determine whether petitioner has established that it filed either of the alleged prior returns. Under the common law mailbox rule, the proper mailing of a return gives rise to a rebuttable presumption of delivery. Anderson v. Commissioner, 966 F.2d 487, 491 (9th Cir. 1992); Smith v. Commissioner, T.C. Memo. 1994-270, affd. without published opinion 81 F.3d 170 (9th Cir. 1996). Petitioner contends that, pursuant to this rule, it has established that the prior returns were delivered. David and Harvey testified that they properly mailed the returns by handing an appropriately addressed envelope to a post office clerk. Petitioner contendsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011