- 7 - Rule 39. In any event, we are not persuaded that petitioner's returns were filed as she asserts. Petitioner's testimony provided neither details nor corroboration that she mailed her returns on the dates that she claims to have mailed them. Her speculation as to possible misfiling or loss by the IRS does not identify any alternative name that she has ever used or any reason to believe that returns for 2 consecutive years, filed 11 months apart, would have been misplaced. Petitioner presented no reliable evidence that she secured an extension of time to file her 1994 return or that she had reasonable cause for belated filing of either return. Even by petitioner's account, her returns were late. Because petitioner's returns were not timely even if mailed on the dates that she claims to have signed them, section 7502(a), which treats timely mailing as timely filing, has no application to this case. See Maxon v. Commissioner, T.C. Memo. 1994-494. For purposes of the statute of limitations under section 6501(a) or to avoid additions to tax under section 6651(a), returns are filed only when they are actually received by the IRS. See Walden v. Commissioner, 90 T.C. 947, 951-952 (1988); Boone v. Commissioner, T.C. Memo. 1997-102; Diego Investors-IV v. Commissioner, T.C. Memo. 1989-630; see also Belser v. Commissioner, 174 F.2d 386, 390-391 (4th Cir. 1949),Page: Previous 1 2 3 4 5 6 7 8 Next
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