Fred Henry - Page 51




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          the date on which it was due, and that consequently it should be             
          treated as timely filed.  We disagree.                                       
               On the instant record, Mr. Henry must comply with the                   
          requirements of section 7502(a), the section of the Code which               
          permits, inter alia, a tax return that is delivered to the                   
          Service after its due date to be treated as timely filed.                    
          Section 7502(a) provides in pertinent part:                                  
               SEC. 7502(a). General Rule.--                                           
                    (1) Date of delivery.--If any return * * * re-                     
               quired to be filed * * * on or before a prescribed date                 
               * * * is, after * * * such date, delivered by United                    
               States mail to the * * * office with which such return                  
               * * * is required to be filed * * * the date of the                     
               United States postmark stamped on the cover in which                    
               such return * * * is mailed shall be deemed to be the                   
               date of delivery * * *                                                  
                    (2) Mailing requirements.--This subsection shall                   
               apply only if--                                                         
                         (A) the postmark date falls * * * on or be-                   
                    fore the prescribed date--                                         
                              (i) for the filing (including any ex-                    
                         tension granted for such filing) of the re-                   
                         turn * * * and                                                
                         (B) the return * * * was, within the time                     
                    prescribed in subparagraph (A), deposited in the                   
                    mail in the United States in an envelope or other                  
                    appropriate wrapper, postage prepaid, properly ad-                 
                    dressed to the * * * office with which the return                  
                    * * * is required to be filed * * *                                
               Even if, as petitioner testified, he timely mailed his 1994             
          tax return on October 16, 1995, section 7502(a) does not permit              
          us to treat that return as timely filed.  That is because the                





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