Paul A. and Marilyn J. Grothues - Page 31




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          to the fact that Exhibit 8-P has a receipt stamped “August 22,              
          1996” and a circle around the stamp which they claim is a                   
          circular “quick-type” signature.  They also point out a mark in             
          the top check box on the lower left, which they claim is a check            
          mark by the IRS indicating that the Form 2688 was approved.                 
          Respondent argues that the Form 2688 which petitioners claim to             
          have filed is questionable because the circular mark is not a               
          signature and respondent’s records do not indicate receipt of the           
          Form 2688.                                                                  
               When a return is required to be filed on or before a                   
          prescribed date and the return is delivered by the U.S. mail                
          after that date, the date of the U.S. postmark is deemed the date           
          of delivery.  Sec. 7502.  One requirement imposed by section 7502           
          is, in essence, that a return will be deemed delivered on the               
          postmark date only if the return is mailed on or before its due             
          date.  In other words, timely mailing is timely filing.  See                
          Emmons v. Commissioner, 92 T.C. 342, 346 (1989), affd. 898 F.2d             
          50 (5th Cir. 1990).                                                         
               “Filing, generally, ‘is not complete until the document is             
          delivered and received.’”  Carroll v. Commissioner, T.C. Memo.              
          1994-229 (quoting United States v. Lombardo, 241 U.S. 73, 76                
          (1916)), affd. 71 F.3d 1228 (6th Cir. 1995).  Proof that a                  
          document has been sent by registered mail or certified mail and             
          that the envelope was properly addressed would have constituted             






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