Michael H. and Barbara Selter - Page 9




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          mailed from one location in Washington, D.C., to another location in        
          Washington, D.C., is 1 to 2 days.  The petition in this case was            
          delivered to the Court 10 days after it was allegedly mailed and 8          
          days after the expiration of the 90-day filing period.  It follows          
          that the petition was not delivered to the Court within the ordinary        
          mailing time.                                                               
               Where a petition is mailed to the Court in an envelope bearing         
          a private postage meter postmark, but the petition is not delivered         
          to the Court within the ordinary mailing time for that class of             
          mail, a taxpayer seeking to rely on the timely mailing/timely filing        
          rule must establish that the petition was actually deposited in the         
          mail before the expiration of the 90-day period, that the delay in          
          receiving the petition was due to a delay in the transmission of the        
          mail, and the cause of the delay.  Petitioners have not offered             
          persuasive proof with respect to the date that the petition was             
          actually placed in the mail.  We have nothing but Ms. Hunt's                
          conflicting declarations regarding her handling of the petition.  At        
          best, we are left to speculate that the envelope bearing the                
          petition was left in the lobby of Mr. Selter's office building on or        
          about February 28, 2000, for pickup by a postal carrier.  Moreover,         
          there is no evidence in the record demonstrating that the delay in          
          the delivery of the petition to the Court was due to a delay in the         









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