- 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 withPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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