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the case of a determination of the receipt of S corporation
income, the timely filing of a valid S corporation election.
With respect to timeliness, the parties have stipulated that the
Form 2553 was stamped "Received" on November 26, 1976. This
fact, coupled with the presumption of correctness of the notice
of deficiency, entitles respondent to the presumption that the
Form 2553 was timely by operation of section 7502, which deems a
late delivered document to be filed on the date of the U.S.
postmark in certain circumstances. Thus, in order to rebut this
presumption, petitioner has the burden of proving that the Form
2553 was either postmarked untimely or not mailed at all; i.e.,
transported by private courier or hand delivered. Petitioner
cannot show this, however, because the parties have stipulated
that it is unknown whether the Form 2553 was mailed, transported
by private courier, or hand delivered. Therefore, petitioner is
not entitled to a summary ruling, based on the untimely filing of
the Form 2553, that JPS failed to make a valid S corporation
election.
Finally, petitioner argues that the Form 2553, as stamped
"Received" on November 26, 1976, was so incomplete that it failed
to constitute a valid S corporation election, and that the form
as subsequently supplemented and resubmitted pursuant to the
Fresno Service Center's request of January 7, 1977, was untimely.
Respondent argues that the Form 2553 was sufficiently complete
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