Edward C. and Margaret C. Chang - Page 5

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          actually deposited in the mail within the prescribed period for             
          filing, (ii) that the delay in receipt was due to a delay in the            
          transmission of the mail, and (iii) the cause of such delay.                
               In the instant case, the petition was received by the Court            
          13 days after the last date prescribed for filing.  Since the               
          privately metered postmark on the envelope is November 5, 1996,             
          the last date prescribed for filing, the petition will be deemed            
          timely under the regulations if it was received within the time             
          that mail of the same class would ordinarily be received if                 
          mailed on that date from the same point of origin.  The parties             
          agree that the point of origin for these purposes is San Jose,              
          California.  Whether a petition has been received within the                
          normal mailing period is a factual question, and petitioners have           
          the burden of proving that the 13-day delivery is within the                
          normal mailing period for mail sent from San Jose, California, to           
          Washington, D.C.  Castro v. Commissioner, T.C. Memo. 1994-530.  A           
          U.S. Postal Service statistical programs coordinator in the San             
          Jose office, called by respondent, testified that the normal                
          delivery time from San Jose to Washington, D.C., in November 1996           
          was 3 days for first class mail and 5 to 7 days for third class             
          mail.  The envelope contains no markings indicating its postage             
          class, and petitioners have offered no other evidence on this               
          point.  On this record, we find that petitioners have failed to             
          show that the petition was received within the time that mail               






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