Edward C. and Margaret C. Chang - Page 9

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          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.           




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