- 4 - The petition in this case was mailed to this Court by ordinary mail, first class, but the parcel was neither certified nor registered. The mailing cover or envelope was properly addressed to the Court and bears a postmark by the Postal Service that is not legible. The envelope, however, bears two rubber- stamped notations that state: "Found in supposedly empty equipment." At the hearing on the motion, an employee of the Postal Service acknowledged that the two rubber-stamped notations were those of the Postal Service, and the message on these notations could account for the delay in the delivery of the petition to the Tax Court. Based on this testimony, the Court concludes that the delay in delivery of the petition to this Court was due to a delay in the transmission of the mail, and that the cause of such delay was the Postal Service. In the absence of the envelope's having been misplaced or left in the empty equipment of the Postal Service, the Court is satisfied that the petition would have been delivered to the Court in the normal period of time for a parcel mailed from Tulsa, Oklahoma, to Washington, D.C. As noted above, in order for petitioners to rely on the timely mailing, timely filing provisions of section 7502(a) where the postmark is illegible, they must prove the date the postmark was made. See Berry v. Commissioner, T.C. Memo. 1994-224.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011