J. Leslie James - Page 6




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          the 3 years before the taxpayer filed his return.  However, if              
          petitioner filed his 1993 Federal income tax return after March             
          24, 1997, then we would have jurisdiction only to award a refund            
          of tax that he paid for 1993 during the 2-year period ending on             
          that date.                                                                  
               Petitioner contends that the 3-year period applies because             
          he filed his 1993 return before March 24, 1997.  Respondent                 
          contends that petitioner first filed his 1993 return on April 15,           
          1997, and thus the 2-year period applies.  Petitioner bears the             
          burden of proof.  Rule 142(a).                                              
          B.   Whether Petitioner Mailed His 1993 Income Tax Return Before            
               March 24, 1997                                                         
               Petitioner testified that he could not specifically recall             
          mailing his 1993 Federal income tax return in 1995.  Petitioner             
          contends in his posttrial brief that he picked up the return at             
          Ball's office on August 31, 1995, took it directly home for his             
          wife to sign, then drove a short distance to the post office                
          where he mailed the return.  It is clear that petitioner picked             
          up the return at Ball's office on August 31, 1995.  However, he             
          did not offer any evidence at trial that he took it home, that              
          his wife signed it, or that he mailed it at the post office.  We            
          may not consider factual allegations in briefs that are                     
          unsupported by the record.                                                  
               Petitioner does not contend that he used certified mail to             
          mail his 1993 return in 1995, and he has no record that he mailed           





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