- 8 - (1) the dramatic increase in the volume of holiday mail; (2) the mailing by the IRS of 87 million tax return forms on December 27, 1985; (3) the recognized proclivity of some post office employees to take time off, leave early, and work less diligently during the holidays; (4) the addition of temporary postal employees during the holiday rush with their known deficiencies in accuracy and efficiency; (5) the heavy airline passenger traffic during the holidays, requiring that mail be pulled off flights and held for later flights, causing mail handling delays at Houston Intercontinental Airport of up to 48 hours; (6) the inclement weather during the critical period and the adverse effect it had on travel in the District of Columbia; and (7) the mail routine which calls for delivery of mail to the Tax Court only once a day, in the early morning, so that any item received at its immediate post office during the day is not delivered until the next. * * * [Id. at 232-233; fn. ref. omitted.] On the basis of this evidence, the Court of Appeals concluded that the taxpayers had met the requirements of section 301.7502- 1(c)(1)(iii)(b), Proced. & Admin. Regs.2 On brief, petitioners attempt to bring themselves within a Rotenberry scenario by repeated speculations about the impact of "holiday" conditions on mail service. The mailing period at issue in this case is November 5, 1996 (the date on which petitioners allege the petition was mailed), through November 18, 1996 (the date on which the petition was received). In 1996, Thanksgiving Day fell on November 28. We do not believe that petitioners have shown that "holiday" conditions existed that 2 The Commissioner had conceded that the delay in receipt was occasioned by a delay in the transmission of the mail; the dispute was over the adequacy of the taxpayer's proof of the cause therefor.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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