J. Leslie James - Page 7




                                        - 7 -                                         
          his 1993 return in 1995.  Respondent has no record of receiving a           
          1993 return for petitioner before April 15, 1997.1                          
               Petitioner's testimony about mailing his 1993 return in 1995           
          was at best vague, unlike the testimony of the rural postmistress           
          in Estate of Wood v. Commissioner, 909 F.2d 1155 (8th Cir. 1990),           
          affg. 92 T.C. 793 (1989), who saw the taxpayer mail the tax                 
          return at issue, and the testimony of the taxpayers' personal               
          secretary and employees in Carroll v. Commissioner, T.C. Memo.              
          1994-229, affd. 71 F.3d 1228 (6th Cir. 1995), who specifically              
          remembered how the taxpayers handled the tax return at issue in             
          that case.                                                                  
               Petitioner contends that Ball's routing control sheet                  
          establishes that he mailed his 1993 return on August 31, 1995.              
          We disagree.  The control sheet shows that petitioner picked up             
          his completed return at Ball's office on August 31, 1995, with an           
          envelope bearing the proper address and postage; it does not show           
          when the return was mailed.                                                 
               Petitioner contends that the handwritten notes stating                 
          "Please Do Not Duplicate" on his copy and "Reference, Resubmitted           
          1993 1040" on Ball's copy of petitioner's return mailed on April            


               1 This contrasts with Sullivan v. Commissioner, 985 F.2d               
          704, 706 (2d Cir. 1993), affg. in part and revg. in part T.C.               
          Memo. 1991-492, where it was unknown whether the Commissioner had           
          a record that the taxpayer had filed a return because the                   
          Commissioner had not checked the service center with which the              
          taxpayer was required to file.                                              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011