- 13 - U.S. 453, 462 (1930); Friedmann v. Commissioner, T.C. Memo. 2001- 207 (documents not treated as filed returns where nothing in the record shows that the taxpayer intended his delivery of documents to an agent to constitute filing of returns). A taxpayer may not, by his or her own ambiguous conduct, even if unintentional, secure the benefit of the limitations period. See Lucas v. Pilliod Lumber Co., 281 U.S. 245, 249 (1930). Petitioner did not intend the returns that he delivered to the District Director to be his filed returns. Petitioner did not treat the photocopied returns with original signatures enclosed in the envelope that he gave to an unidentified employee at 31 Hopkins Plaza as returns he intended to file. He did not indicate that the envelope contained his tax returns, he did not request a receipt, and he did not ask that a copy of the cover letter be date-stamped, as he had done at District Counsel’s offices. Petitioner’s February 21, 1997, transmittal letter said he intended the original returns with original signatures, which he delivered to respondent’s office of District Counsel, to be his filed returns. Thus, petitioner did not file his returns for 1987-90 or 1992-95 by hand delivering photocopies of his original returns with original signatures to 31 Hopkins Plaza on February 21, 1997. Petitioner’s returns were filed on March 10, 1997, when the Baltimore Special Procedures Office of the District DirectorPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011