Michael H. and Barbara Selter - Page 2




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          determining a deficiency of $31,970 in their Federal income tax             
          for 1992.  Respondent mailed the notice to petitioners at their             
          last known address; namely, 6806 Selkirk Drive, Bethesda,                   
          Maryland 20817.  Petitioner Michael H. Selter is a partner in a             
          law firm located in Washington, D.C.                                        
               On Wednesday, March 8, 2000, at approximately 8 a.m., the              
          Tax Court mailroom received an envelope containing the Selters'             
          petition contesting the notice of deficiency described above.               
          The envelope bears a preprinted address label listing the name              
          and address of Mr. Selter's law firm as the sender, and the                 
          envelope identifies the Court as the addressee.1   Notably, the             
          envelope does not bear any postage, nor does it bear any type of            
          postmark.  There is no adhesive or sticky residue in the upper              
          right-hand corner of the envelope, suggesting that postage may              
          never have been affixed thereto.  Further, the envelope is not              
          torn, damaged, or unusually soiled, nor does it appear to have              
          been abused, and there are no marks or notations on the envelope            
          indicating that it was misdirected or otherwise delayed in                  
          transit.  Affixed to the envelope are a certified mail receipt              


          1  Although the Court's ZIP Code was erroneously listed on                  
          the address label as 20817 (the ZIP code for the Selters’ home              
          address in Bethesda, Maryland) rather than the Court’s correct              
          ZIP Code of 20217, a representative of the U.S. Postal Service              
          testified that such an error would not have delayed the delivery            
          of the petition to the Court.  See also Price v. Commissioner, 76           
          T.C. 389 (1981).                                                            





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