Michael H. and Barbara Selter - Page 7




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          are contained in section 301.7502-1(c)(1)(iii)(b), Proced. & Admin.         
          Regs., which provides as follows:                                           
               (b) If the postmark on the envelope or wrapper is                      
               made other than by the United States Post Office, (1) the              
               postmark so made must bear a date on or before the last                
               date, or the last day of the period, prescribed for filing             
               the document, and (2) the document must be received by the             
               agency, officer, or office with which it is required to be             
               filed not later than the time when a document contained in             
               an envelope or other appropriate wrapper which is properly             
               addressed and mailed and sent by the same class of mail                
               would ordinarily be received if it were postmarked at the              
               same point of origin by the United States Post Office on               
               the last date, or the last day of the period, prescribed               
               for filing the document.  However, in case the document is             
               received after the time when a document so mailed and so               
               postmarked by the United States Post Office would                      
               ordinarily be received, such document will be treated as               
               having been received at the time when a document so mailed             
               and so postmarked would ordinarily be received, if the                 
               person who is required to file the document establishes                
               (i) that it was actually deposited in the mail before the              
               last collection of the mail from the place of deposit                  
               which was postmarked (except for the metered mail) by the              
               United States Post Office on or before the last date, or               
               the last day of the period, prescribed for filing the                  
               document, (ii) that the delay in receiving the document                
               was due to a delay in the transmission of the mail, and                
               (iii) the cause of such delay.  If the envelope has a                  
               postmark made by the United States Post Office in addition             
               to the postmark not so made, the postmark which was not                
               made by the United States Post Office shall be                         
               disregarded, and whether the envelope was mailed in                    
               accordance with this subdivision shall be determined                   
               solely by applying the rule of (a) of this subdivision.                
               [Emphasis added.]                                                      
          The validity of this regulation has been upheld.  See Lindemood v.          
          Commissioner, 566 F.2d 646, 649 (9th Cir. 1977), affg. T.C. Memo.           
          1975-195; Fishman v. Commissioner, 420 F.2d 491, 492 (2d Cir. 1970),        
          affg. 51 T.C. 869 (1969).                                                   






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