Steven Jay Wolk - Page 8

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               Respondent’s “Certificate of Official Record” indicates,               
          inter alia, that petitioner filed his 1991 return on January 6,             
          1999.  While petitioner provided a copy of his 1991 return                  
          containing a date stamp of February 10, 1993, next to the                   
          signature line, he failed to provide any evidence of mailing or             
          delivery.8  A date stamp on a return, without any evidence of               
          mailing or other delivery, does not satisfy petitioner’s burden.            
               As to the 1992 return, which is not part of the record,                
          respondent’s “Certificate of Official Record” indicates, inter              
          alia, that petitioner filed his 1992 return on September 28,                
          1998.  Petitioner testified that he delivered his 1992 and 1993             
          returns to respondent’s Maitland, Florida, Service Center on                
          November 9, 1995.  Petitioner’s testimony, without credible                 
          supporting documentary evidence, is not enough to satisfy his               
          burden of proof.9  See Hradesky v. Commissioner, 65 T.C. 87, 89-            
          90 (1976), affd. 540 F.2d 821 (5th Cir. 1976).  Accordingly, we             
          find that the period of limitations does not bar collection of              
          petitioner’s 1991 and 1992 tax liabilities.                                 



               8   If a taxpayer sends a return “by registered mail or                
          certified mail, proof that the * * * [return] was properly                  
          registered or that a postmark certified mail sender’s receipt was           
          properly issued * * * shall constitute prima facie evidence that            
          the * * * [return] was delivered”.  Sec. 301.7502-1(d), Proced. &           
          Admin. Regs.                                                                
               9   According to respondent’s “Certificate of Official                 
          Record”, petitioner’s 1993 return was filed on Nov. 16, 1995.               





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