- 9 - would have had a significant impact on mail service during the relevant period. In addition, petitioners assert that there was a severe storm creating flooding conditions in the Washington, D.C., area on November 8, 1996. Even were we to accept this contention, it at most accounts for a delay in receipt from Friday, November 8, until Tuesday or Wednesday, November 12 or 13, 1996. (Monday, November 11, 1996, was a Federal holiday.) Finally, in his testimony, Mr. Boutris made the bald assertion that there were "delivery problems" at the Meridian Branch of the San Jose Post Office. This assertion was not corroborated, even though Mr. Boutris testified that his secretary experienced the same problems. Because the foregoing evidence falls well short of that in Rotenberry v. Commissioner, supra, we have no occasion to consider whether we should adopt the Rotenberry standard in applying section 301.7502-1(c)(1)(iii)(b), Proced. & Admin. Regs. Suffice it to say that petitioners have failed to prove that the delay in receipt was due to a delay in the transmission of the mail and the cause therefor, even under the liberal Rotenberry standard. In any event, Rotenberry v. Commissioner, supra, would not be binding authority here because it is to the Court of Appeals for the Ninth Circuit that appeal of this case lies. See Hanna & Associates, P.C. v. Commissioner, T.C. Memo. 1997-376; Little v. Commissioner, T.C. Memo. 1995-491; Oswald v. Commissioner, T.C. Memo. 1995-17; Weinreich v. Commissioner, T.C.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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