Michael H. and Barbara Selter - Page 10




                                       - 10 -                                         

          transmission of the mail or the cause of such delay.3  Under the            
          circumstances, we hold that the petition was not timely filed.              
               As a final matter, petitioners erroneously contend that the            
          petition should be deemed to have been timely filed pursuant to the         
          common-law "mailbox rule".  The common-law mailbox rule provides            
          that proof of a properly mailed document creates a presumption that         
          the document was delivered and actually received by the addressee.          
          See Estate of Wood v. Commissioner, 92 T.C. 793, 798-799 (1989),            
          affd. 909 F.2d 1156 (8th Cir. 1990), and cases cited therein.  There        
          is no question in this case that the petition was delivered to the          
          Court on March 8, 2000.  However, petitioners must establish that           
          the petition was timely mailed to the Court.  Given the lack of             
          satisfactory proof that the petition was placed in the mail within          
          the 90-day filing period prescribed in section 6213(a), petitioners'        
          reliance on the common-law mailbox rule is misplaced.                       






          3  We agree with respondent that the New York Times article                 
          that petitioners offered into evidence in this case contains                
          hearsay; nevertheless, we admit the article into evidence.                  
          Although the article indicates that the U.S. Postal Service                 
          experienced difficulties delivering certified mail in various               
          jurisdictions during the period April through July 2000, the                
          article does not mention Washington, D.C., as a trouble spot, and           
          we do not consider the article to be persuasive evidence that the           
          delay in the delivery of the petition in this case was due to a             
          delay in the transmission of the mail, or the cause of such                 
          delay.                                                                      





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011