- 26 - the postmark date on an envelope falls within the prescribed period on or before the prescribed date. To establish that a return has been timely filed, we require reliable testimony or other corroborating evidence of the circumstances surrounding the return's preparation and mailing. See, e.g., Estate of Wood v. Commissioner, 92 T.C. 793 (1989), affd. 909 F.2d 1155 (8th Cir. 1990); Mitchell Offset Plate Serv., Inc. v. Commissioner, 53 T.C. 235, 239-240 (1969); see also Schwechter v. Commissioner, T.C. Memo. 2000-36; Rakosi v. Commissioner, T.C. Memo. 1993-68, affd. without published opinion 46 F.3d 1144 (9th Cir. 1995). Petitioner argues that Stone timely mailed a 1995 return on his behalf on or before August 15, 1996. Thus, he concludes, assessment of his 1995 taxes on February 7, 2000, was beyond the applicable period of limitations. There is neither reliable testimony nor corroborating evidence, however, sufficient to prove his claim. Petitioner entrusted the preparation and filing of his return to Stone. Stone and her former office assistant testified about office procedures in 1996. Stone testified that she stamped petitioner’s name on the return. The assistant testified that the return would have been hand delivered to a window at the local post office, but no proof of mailing was obtained. Stone claimed that a check was enclosed with the return and never cleared the bank, but her testimony about the amount of the checkPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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