Carolyn Ann Harris - Page 6

                                        - 5 -                                         
          (9th Cir. 1955); Basham v. Commissioner, T.C. Memo. 1999-123.               
          However, if a return is sent to the IRS via registered mail, the            
          registration is prima facie evidence that the document was                  
          delivered to the addressee.  Sec. 7502(c)(1)(A).  Furthermore,              
          except in situations where this Court is constrained to do                  
          otherwise pursuant to Golsen v. Commissioner, 54 T.C. 742 (1970),           
          affd. 445 F.2d 985 (10th Cir. 1971),1 we consider proof that a              
          document was properly mailed and postmarked to give rise to a               
          presumption that the document was delivered to, and received by,            
          the person to whom it was addressed--even if the document was not           
          sent via registered mail.  Lewis v. United States, 144 F.3d 1220            
          (9th Cir. 1998); Anderson v. United States, 966 F.2d 487 (9th               
          Cir. 1992); Estate of Wood v. Commissioner, 92 T.C. 793, 798                
          (1989), affd. 909 F.2d 1155 (8th Cir. 1990); Basham v.                      
          Commissioner, supra.  The Court of Appeals for the Ninth Circuit            
          held in Anderson v. United States, supra, that extrinsic evidence           
          may be used in proving that a Federal income tax return was                 
          timely mailed.  That court stated in a subsequent opinion that              
          “Anderson stands for the broad rule that if a taxpayer furnishes            
          credible evidence of the date her letter to the Service was                 

          1This Court generally applies the law in a manner consistent                
          with the holdings of the Court of Appeals to which an appeal of             
          its decision lies, Golsen v. Commissioner, 54 T.C. 742 (1970),              
          affd. 445 F.2d 985 (10th Cir. 1971), even in cases subject to               
          sec. 7463(b).  But for the provisions of sec. 7463(b), the                  
          decision in this case would be appealable to the U.S. Court of              
          Appeals for the Ninth Circuit.  Sec. 7482(b)(1)(A).                         





Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011