-6- 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 sectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011