- 34 - delivery of it to an officer at his office. See Miton v. United States, 105 F.2d 253 (5th Cir. 1939) (containing an extensive summary of the meaning of the term “filing” and consequences thereof); cf. sec. 7502 (timely mailing is timely filing). Based on AVA’s substantial compliance with section 301.6231(a)(7)- 1T(e), Temporary Proced. & Admin. Regs., we find that the September 30 letter was filed on September 30, 1988. The September 30 letter was, therefore, effective on September 30, 1988, the day the AVA Form 872-P for 1985 was signed by Mr. Schreiber. e. AVA’s Other Arguments AVA argues, even if the AVA Form 872-P for 1985 was validly executed, Mr. Schreiber’s consent to extend the section 6229(a) assessment period was a legal nullity because there never was a meeting of the minds between the parties. AVA avers: “Behrens, Schreiber and Wright were all unaware of respondent’s criminal investigation of * * * [AMCOR] and themselves and would not have executed the Forms 872-P if they had that knowledge.” We have described respondent’s criminal investigation in Crop Associates–1986, Frederick H. Behrens, Tax Matters Partner v. Commissioner, T.C. Memo. 2000-216. AVA has failed to prove that Mr. Schreiber was unaware of the state of that investigation on September 30, 1988, or that, given that knowledge, he would have refused to sign the AVA Form 872-P for 1985.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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