-8- Turning our attention to the two remaining possibilities, the date of actual mailing and the date stamped on the envelope bearing the notice of deficiency, we observed: Certainly in everyday parlance a postmark date is regarded as the date of mailing. Normally if one is asked when a letter "is mailed," he will look to the postmark. That is obviously what the petitioners did in this case. They saw the date "Mar. 31, 1973" on the envelope. The best evidence of the postmark date is the postmark itself. Without it, the next best evidence is the Commissioner's receipt for certified mail. This will not place any additional burden on the Internal Revenue Service. If its receipt for certified mail shows that more than 90 days has passed, the normal challenge to jurisdiction will be forthcoming. Only in cases where the postmark carries a later date can the petitioner successfully resist. In no case will the Commissioner's certified mail procedure need to be changed. [Id. at 100.] Based upon the assumption that the date stamp appearing on the envelope bearing the notice of deficiency constituted a postmark, we concluded that the taxpayers could reasonably have relied on that date in computing the 90-day period for filing their petition. Because the petition was mailed within 90 days of March 31, 1973, we denied the Commissioner's motion to dismiss for lack of jurisdiction.3 To the same effect, see Sandor v. Commissioner, T.C. Memo. 1992-643; Bill Wright Toyota, Inc. v. Commissioner, T.C. Memo. 1992-344. 3 However, in Traxler v. Commissioner, 63 T.C. 534 (1975), we modified our earlier opinion, 61 T.C. 97 (1973), and granted the Commissioner's motion to dismiss for lack of jurisdiction, in light of evidence demonstrating that the date stamp in question was a postal administrative control marking as opposed to a postmark. See also Page v. Commissioner, T.C. Memo. 1994-180; Toppin v. Commissioner, T.C. Memo. 1976-154.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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