Paul J. Pekar - Page 18




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          June 15.  Section 7502(a) provides that, in certain                         
          circumstances, an untimely received return is deemed timely filed           
          on the date of the U.S. Postal Service postmark on the envelope             
          or the date a receipt is issued by the U.S. Postal Service for              
          either certified or registered mail.  However, the timely                   
          mailing-timely filing rule of section 7502(a) does not apply to             
          foreign postmarks.  It is well established that foreign postmarks           
          do not effectively cause the filing date of a document to be the            
          postmark date.  See Cespedes v. Commissioner, 33 T.C. 214 (1959);           
          Madison v. Commissioner, 28 T.C. 1301 (1957); Electronic                    
          Automation Sys., Inc. v. Commissioner, T.C. Memo. 1976-270; sec.            
          301.7502-1(c)(ii), Proced. & Admin. Regs.  Accordingly,                     
          petitioner's mailing of his return did not come within the                  
          provisions of section 7502 and the filing of his return would               
          have been untimely, even if the return had been mailed on the due           
          date.                                                                       
               Petitioner also argued that he should not be liable for the            
          late-filing addition because he was advised by tax professionals            
          that a foreign postmark would effectively date his return as                
          filed.  However, he presented no evidence that he received this             
          advice before he mailed his 1995 return.  Nor did petitioner show           
          that the advice was provided by anyone who was competent to                 
          render tax advice.  He was unable to show that he relied upon or            
          that it was reasonable to rely upon that advice when he mailed              





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