David and Caryn Peterson - Page 5




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               Although petitioners may have sent their petition by                   
          certified mail, this regulation does not apply here because                 
          petitioners never presented the sender's receipt to any postal              
          employee and it was never postmarked.  Cf. Brown v. Commissioner,           
          T.C. Memo. 1982-165.  In this circumstance, mailing their                   
          petition by certified mail provided petitioners no protection.              
               Where the postmark in question is made by a private postage            
          meter, the provisions implementing the “timely mailing/timely               
          filing” rule are contained in section 301.7502-1(c)(1)(iii)(b),             
          Proced. & Admin. Regs., which provides as follows:                          
                    (b) If the postmark on the envelope or wrapper is                 
               made other than by the United States Post Office, (1)                  
               the postmark so made must bear a date on or before the                 
               last date, or the last day of the period, prescribed                   
               for filing the document, and (2) the document must be                  
               received by the agency, officer, or office with which                  
               it is required to be filed not later than the time when                
               a document contained in an envelope or other                           
               appropriate wrapper which is properly addressed and                    
               mailed and sent by the same class of mail would                        
               ordinarily be received if it were postmarked at the                    
               same point of origin by the United States Post Office                  
               on the last date, or the last day of the period,                       
               prescribed for filing the document.  However, in case                  
               the document is received after the time when a document                
               so mailed and so postmarked by the United States Post                  
               Office would ordinarily be received, such document will                
               be treated as having been received at the time when a                  
               document so mailed and so postmarked would ordinarily                  
               be received, if the person who is required to file the                 
               document establishes (i) that it was actually deposited                
               in the mail before the last collection of the mail from                
               the place of deposit which was postmarked (except for                  
               the metered mail) by the United States Post Office on                  
               or before the last date, or the last day of the period,                








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