Robert T. Lundy - Page 6

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          61 T.C. 97, 99 (1973), modified 63 T.C. 534 (1975); Southern                
          California Loan Association v. Commissioner, 4 B.T.A. 223, 226              
          (1926); Hurst, Anthony & Watkins v. Commissioner, 1 B.T.A. 26, 27           
          (1924).  Under normal circumstances, the Commissioner can                   
          establish the date that a notice of deficiency is mailed by                 
          relying on the postmark on U.S. Postal Service Form 3877.  See              
          Coleman v. Commissioner, 94 T.C. 82, 90-91 (1990); Magazine v.              
          Commissioner, 89 T.C. 321, 324 (1987); Meader v. Commissioner,              
          T.C. Memo. 1982-288.                                                        
               In extraordinary circumstances, we have recognized                     
          exceptions to the general rule that the date of mailing is the              
          date that the Commissioner actually places the notice of                    
          deficiency in the mail.  One of the more comprehensive                      
          discussions of the subject is set forth in our original opinion             
          in Traxler v. Commissioner, supra.                                          
               In Traxler, the taxpayers received a notice of deficiency              
          dated March 29, 1973, in an envelope that was date stamped March            
          31, 1973.  The taxpayers mailed their petition to the Court 91              
          days after the date appearing on the notice of deficiency but 89            
          days after the date stamp appearing on the envelope bearing the             
          notice of deficiency.  The Commissioner moved to dismiss the                
          petition for lack of jurisdiction on the ground that it was not             
          timely filed.  The taxpayers objected to the Commissioner's                 
          motion asserting that the date of mailing for purposes of section           






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