- 8 - * * * document required to be filed * * * on or before a prescribed date * * * is, after * * * such date, delivered * * * to the agency * * *, the date of the United States postmark stamped on the cover in which such return * * * or other document * * * is mailed shall be deemed to be the date of delivery”. Section 7502(a) requires that the envelope containing the petition be timely mailed to the Court. Petitioner met this requirement because Reynolds timely sent the petition on September 3. Section 7502(a) provides that “the date of the United States postmark stamped on the cover in which such return * * * or other document * * * is mailed” (emphasis added) shall be the date considered for purposes of the “timely mailing is timely filing” rule. Section 7502(a) does not provide that the date of the U.S. postmark stamped on the cover in which the return or other document is received controls. Thus, section 7502(a) does not require that the qualifying envelope (i.e., the envelope which was timely mailed, properly addressed, and bore the proper postage) be the envelope in which the petition is received; nor does section 7502(a) bar application of the “timely mailing is timely filing” rule if a petition contained in a properly addressed envelope (that otherwise meets the above requirements) is returned to, and remailed by, the taxpayer. The petition in the instant case was mailed in two envelopes: One on September 3 and one on September 16. It is clear that, for purposes of section 7502(a), the envelope inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011