Estate of Marguerite M. Cranor, Deceased, John R. Phillips, Jr., Administrator ad Litem - Page 8




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          * * * 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 in                




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