- 6 - mail sent from Oakland, California, to Washington, D.C. See Stotter v. Commissioner, 69 T.C. 896, 898 (1978); Fishman v. Commissioner, supra at 873 (1969); Chang v. Commissioner, T.C. Memo. 1998-298; Castro v. Commissioner, T.C. Memo. 1994-530.5 Petitioners claim that they relied on statements in the notice of deficiency that a petition will be considered timely filed if the postmark date on the envelope containing the petition falls within the prescribed 90-day period. Petitioners contend that they mailed their petition on August 1, 2001, and that certified mail takes longer to deliver than regular mail. Petitioners introduced no evidence to establish the normal delivery time for mail sent from Oakland, California, to Washington, D.C. They have not produced evidence in support of their contention that certified mail takes longer to deliver than noncertified mail or otherwise demonstrated that a 9-day delivery time is within the normal mailing period.6 Thus, petitioners 5In certain circumstances, if the taxpayer introduces credible evidence with respect to any factual issue relevant to ascertaining the proper tax liability, sec. 7491 places the burden of proof on respondent. Sec. 7491(a); Rule 142(a)(2). Sec. 7491 is effective with respect to court proceedings arising in connection with examinations commencing after July 22, 1998. Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(c)(2), 112 Stat. 726. Petitioners do not contend, nor is there evidence, that their examination commenced after July 22, 1998, or that sec. 7491 applies in this case. 6At the hearing, respondent attempted to introduce into evidence a declaration from a U.S. postal employee as to the (continued...)Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011