- 6 - postmarked, that date is the date that controls.” Lewis v. United States, supra at 1223. In Lewis, the court found that “a taxpayer with an unblemished reputation for paying taxes [who] produces circumstantial evidence supporting his word” has provided sufficient evidence under Anderson, even in the absence of “the taxpayer’s sworn testimony that she had seen a postal clerk affix the postmark on the appropriate date.” Id. at 1222- 1223. As discussed above, we have found that petitioner mailed her 1997 return on April 15, 1998. We base this finding on the credible testimony of petitioner and her daughter, Ms. Genous. There are no inconsistencies in petitioner’s version of events, and respondent did not present any evidence directly calling into question the testimony of petitioner or Ms. Genous. On the basis of this testimony, therefore, we conclude that the return was mailed in a properly addressed envelope with sufficient postage, and that the return bore a postmark of April 15, 1998. See id. at 1223. Because we find that the return was properly and timely mailed, a presumption arises that the return was delivered to the IRS within a reasonable amount of time thereafter. See id.; Anderson v. United States, supra; Estate of Wood v. Commissioner, supra; Basham v. Commissioner, supra. Respondent did not present sufficient evidence to rebut this presumption. The only evidence in the record supporting respondent’s position is a “CertificatePage: Previous 1 2 3 4 5 6 7 8 Next
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