Edward R. Stolz II - Page 4




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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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