- 31 - 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 constitutedPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011