- 10 - Petitioner relies on Hiner v. Commissioner, T.C. Memo. 1993- 608, where we said: Proof of mailing requires some proof that the return was placed in an envelope that was properly addressed, stamped, and placed in the mail. * * * Petitioner contends that he satisfied the legal standard stated in Hiner because Ball prepared his 1993 tax return and gave him a properly addressed envelope with prepaid postage. Petitioner erroneously relies on Hiner. We held in Hiner that the taxpayer did not prove that he mailed the return at issue. The taxpayer in Hiner testified about his tax return filing practices and that he believed he timely filed the return at issue. Here, petitioner's testimony is unpersuasive like that of the taxpayer in Hiner. Petitioner contends that he conservatively estimated and prepaid taxes due, and that this shows that he filed his 1993 return before March 24, 1997. We disagree. Paying estimated tax is not evidence that petitioner filed a return for 1993. Petitioner contends that respondent has the burden of proving that he did not file a 1993 return before April 15, 1997. We disagree. Petitioner bears the burden of proving that he filed his 1993 return. Rule 142(a).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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