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Timeliness of 1995 Return
Petitioner’s income tax return for 1995 was prepared by
William D. McConnaughy, a certified public accountant.
Petitioner’s 1995 return was due, taking into account extensions
which had previously been granted, on October 15, 1996. Mr.
McConnaughy signed petitioner’s return as preparer on October 8,
1996. On October 15, 1996, petitioner went to Mr. McConnaughy’s
office, signed his return, and wrote a check for the $10,756
shown on the return as the tax owing. The return was then mailed
to the Internal Revenue Service in an envelope bearing two 32-
cent stamps and the return address of McConnaughy Accountancy
Corp. However, this envelope was returned to the McConnaughy
firm marked “return to sender” and “postage due 14�”.
Petitioner’s 1995 tax return was subsequently received by the
Internal Revenue Service in a second McConnaughy Accountancy
Corp. envelope bearing postage of 78 cents affixed by a postal
meter. This envelope was postmarked in Sacramento, California,
on November 1, 1996.
The postal rate in effect for 1996 was 32 cents for the
first ounce and 23 cents for each additional ounce. The
necessary postage for 1 to 2 ounces was therefore 55 cents and
for 2 to 3 ounces was 78 cents. Petitioner’s return consisted of
15 pages.
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