Donna J. Hendley - Page 6




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          offered circumstantial evidence that Mr. Williams delivered the             
          petition to the contract postal unit at Impressive Greetings late           
          in the afternoon on April 5, 2000.                                          
          Section 7502 provides that, under certain circumstances, a                  
          timely-mailed petition will be treated as though it were timely             
          filed.  Section 7502(a) states in pertinent part:                           
               SEC. 7502(a).  General Rule.–-                                         
                    (1) Date Of Delivery.–-If any return, claim,                      
               statement, or other document required to be filed,                     
               * * * within a prescribed period or on or before a                     
               prescribed date under authority of any provision of the                
               internal revenue laws is, after such period or such                    
               date, delivered by United States mail to the agency,                   
               officer, or office with which such return, claim,                      
               statement, or other document is required to be filed,                  
               * * * the date of the United States postmark stamped on                
               the cover in which such return, claim, statement, or                   
               other document, or payment, is mailed shall be deemed                  
               to be the date of delivery or the date of payment, as                  
               the case may be.                                                       
                                                                                     
          In sum, section 7502(a) provides that if a petition is delivered            
          to the Court by the U.S. Postal Service, then the date of the               
          postmark stamped on the envelope bearing the petition shall be              
          deemed the date of delivery.2  See sec. 301.7502-1(c)(1)(iii)(a),           
          Proced. & Admin. Regs., which provides, in part, that “If the               
          postmark does not bear a date on or before the last date, or the            
          last day of the period, prescribed for filing the document, the             


          2  Sec. 7502(c) provides an additional safeharbor where a                   
          taxpayer mails his petition to Court using certified or                     
          registered mail.  Because Mr. Williams concedes that he did not             
          use certified or registered mail in this case, we need not                  
          consider sec. 7502(c).                                                      




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