- 8 - possibility that the petition might have been mailed after midnight, and thus on March 30, rather than March 29, 1999. Gladney testified that she mailed the petition by certified mail and paid postage accordingly but never received a sender’s receipt, because she had left the receipt at her office and did not have time to return for it. Gladney suggested no plausible reason why the sender’s receipt should have been detached from the Form 3800 (certified mail receipt) of which it was originally part, though her testimony clearly suggests that she was aware beforehand that it had been detached and remained at her office. More fundamentally, however, we find Gladney’s testimony implausible and self-serving. As a practicing tax attorney, Gladney should have been aware of the risks associated with mailing the petition at the 23d hour of the last day prescribed for filing it with the Court. Cf. Drake v. Commissioner, 554 F.2d 736, 739 (5th Cir. 1977) (“we could hardly ignore the fact that the petition was mailed at 6:00 p.m. on the ninetieth day--a circumstance which could not help but raise the spectre of possible timeliness problems”). By mailing the petition by certified mail, as she did, she could overcome those risks by virtue of having a timely postmarked sender’s receipt. See sec. 301.7502-1(c)(2), Proced. & Admin. Regs. She claims not to have received one. The evidence indicates that there would have been hundreds of Forms 3800 at the post office. The record containsPage: Previous 1 2 3 4 5 6 7 8 9 Next
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