Hanna and Associates, P.C. F.K.A. Mark J. Hanna, P.C. - Page 10

                                       - 10 -                                         

                  MR. DAILY: That's correct, Your Honor.  And                         
                              therefore, I would argue that that                      
                              Section does not apply to us because                    
                              of the interpretation of what                           
                              postmark of the United States Post                      
                              Office is.                                              

                  Inasmuch as petitioner had no proof regarding                       
             the second and third conditions of section 301.7502-                     
             1(c)(iii)(b), Proced. & Admin. Regs., petitioner's attorney              
             argued "that the marking on our envelope should, in fact,                
             be considered a U.S. postmark because the U.S. Postal                    
             Service so considers it and their operations manual and                  
             the domestic mail manual are both consistent in that                     
             application."  We disagree.  We find that the postmark on                
             the envelope in which the instant petition was mailed is a               
             postmark "not made by the United States Postal Service".                 
             Thus, it is subject to section 7502(b) and the regulations               
             promulgated thereunder, quoted above.  The burden placed on              
             taxpayers by those regulations may be a difficult one but                
             that, by itself, does not permit us to find that the                     
             regulations are invalid, as suggested by petitioner.  The                
             regulations were promulgated under the broad rule-making                 
             authority given to the Commissioner by section 7502(b).                  
             They have been held valid by this and other courts, and                  
             nothing in petitioner's argument convinces us that the                   
             regulations are unreasonable or plainly inconsistent with                





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