Melton R. Boone and Geraldine R. Boone - Page 5

                                                 -  -5                                                    
            postal employees stole the mail; or (4) the IRS lost or misfiled                            
            the returns because of its ineptitude.  To say the least, we                                
            regard such speculations as farfetched and unreliable.                                      
            Moreover, we think it is highly improbable that the returns                                 
            allegedly deposited with the U.S. Postal Service in late May for                            
            3 successive years would not have been delivered to the IRS or                              
            that each return was lost or misplaced by the IRS.                                          
                  Petitioner also offered his son's testimony in an effort to                           
            corroborate his own to show that petitioners timely filed their                             
            returns for each year.  Petitioner and his son testified that                               
            petitioners' Federal income tax return for each of the years in                             
            issue was mailed during their drive home from work.  But the son                            
            later testified that the returns were mailed late at night.  When                           
            asked by the Court to reconcile the two seemingly conflicting                               
            statements, the son admitted that he did not remember the                                   
            specific circumstances surrounding the mailing of petitioners'                              
            returns.  However, the son testified that his returns for 1985                              
            through 1987, which he thought were mailed at the same time                                 
            petitioners' returns for these years were mailed, were timely                               
            received by the IRS.                                                                        
                  Respondent's position is that petitioners have failed to                              
            prove that their returns for the years in issue were timely                                 
            filed.  We agree.                                                                           
                  Section 7502(a) provides that the date of the U.S. postmark                           
            stamped on the cover in which a return is filed is deemed the                               




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011