Michael H. and Barbara Selter - Page 8




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               Based upon the record presented, we conclude that petitioners          
          cannot avail themselves of the timely mailing/timely filing rule set        
          forth in section 301.7502-1(c)(1)(iii)(b), Proced. & Admin. Regs.           
          In the first instance, the controlling regulation contemplates that         
          the timely mailing/timely filing rule may be invoked where the              
          petition is delivered to the Court in an envelope or wrapper that           
          contains a timely private postage meter postmark.  The envelope             
          bearing the petition arrived at the Court without any postmark              
          indicating the date that it was mailed to the Court.  Although we           
          will allow extrinsic evidence to prove the date of mailing where an         
          envelope lacks a postmark, see Sylvan v. Commissioner, 65 T.C. 548,         
          553-555 (1975), there is absolutely no indication that any type of          
          postage was ever affixed to the envelope.  See section 7502(a)(2),          
          regarding mailing requirements, specifically including the                  
          requirement that postage be prepaid.  We are not persuaded by               
          petitioners' circumstantial evidence that a timely private postage          
          meter label was properly applied to the envelope.                           
          Even assuming for the sake of argument that petitioners have                
          proven that the envelope bearing the petition was placed in the mail        
          with a timely private postage meter postmark of February 28, 2000,          
          section 301.7502-1(c)(1)(iii)(b), Proced. & Admin. Regs., further           
          requires that the petition be delivered to the Court within the             
          ordinary mailing time for that class of mail.  We accept Ms.                
          Vaughan's testimony that the ordinary delivery time for an item             





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