- 51 - 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 thePage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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