- 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