Mark W. and Anita P. Franklin - Page 16

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          ordinary Postal Service time for delivery of mail from Oakland,             
          California, to Fresno, California.                                          
               Petitioners admit they did not file their return by the                
          proper filing date as extended but claim they mailed their return           
          no later then October.  Petitioners have failed to offer any                
          evidence to contradict respondent’s above evidence, except                  
          unsubstantiated trial testimony.3                                           
               This Court finds petitioners’ testimony vague, unclear, and            
          unpersuasive.  We reject petitioners’ testimony that their 1998             
          return was filed in October of 1999 and that the copy of the                
          envelope offered into evidence is not the proper envelope which             
          contained petitioners’ 1998 return.                                         
               Petitioners’ only dispute with the application of section              
          6651(a)(1) is with the date they filed their return.  Petitioners           
          failed to file timely their Federal income tax return for 1998.             
          Petitioners have not argued, and there is nothing in the record             
          to indicate, that such failure was due to reasonable cause and              
          not to willful neglect.  Respondent’s determination that                    
          petitioners filed their return in April of 2000, and therefore              



          3Sec. 7502 describes two examples of evidence that could                    
          have been used by petitioners.  First, if any return is required            
          to be filed by a certain date, and is received after that date,             
          the date of the U.S. postmark shall be deemed the date of                   
          delivery.  Second, if a document is sent by registered or                   
          certified mail, such registration or certification shall be prima           
          facie evidence that the document was delivered on the date of the           
          postmark.  See sec. 7502.                                                   




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