- 7 - have not established that their petition was received no later than the time ordinarily required for the delivery of a petition postmarked at the same point of origin by the U.S. Post Office on the last day for its filing.7 Accordingly, petitioners’ petition will be deemed untimely unless they can establish that the petition was actually deposited in the mail on or before August 1, 2001, that the delay in delivery was attributable to delay in the transmission of the mail, and the cause of the delay. 6(...continued) normal delivery time for mail sent from Oakland, California, to Washington, D.C. We sustained petitioners’ hearsay objection to the declaration. 7We note that case law indicates that a 9-day delivery time has not historically been within the normal mailing period for mail sent from Oakland, California to Washington, D.C. See, e.g., Lindemood v. Commissioner, 566 F.2d 646, 647 (9th Cir. 1977) (normal delivery time from San Francisco, California, to Washington, D.C., is 3 days for first class mail), affg. per curiam T.C. Memo. 1975-195; Kirschenbaum v. Commissioner, T.C. Memo. 2001-102 (normal delivery time from Tarzana, California, to Washington, D.C., is 3-5 days); Fujioka v. Commissioner, T.C. Memo. 1999-316 (citing Lindemood v. Commissioner, supra, for proposition that normal delivery time from San Francisco, California, to Washington, D.C., is approximately 3 days); Chang v. Commissioner, T.C. Memo. 1998-298 (normal delivery time from San Jose, California, to Washington, D.C., is 3 days for first class mail and 5-7 days for third class mail); Koenig v. Commissioner, T.C. Memo. 1998-215 (document received 8 days after postage meter date exceeded normal mailing time when mailed from Santa Cruz, California, to Washington, D.C.), affd. without published opinion 221 F.3d 1348 (9th Cir. 2000); Gomez v. Commissioner, T.C. Memo. 1996-561 (normal delivery time from Los Angeles, California, to Washington, D.C., is 3 days); Berdell v. Commissioner, T.C. Memo. 1991-529 (parties agreed that normal mailing time from California to Washington, D.C., was 3 days).Page: Previous 1 2 3 4 5 6 7 8 Next
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