- 7 - not signed or initialed by a U.S. Postal Service employee.6 Thus, the certified mailing list, in and of itself, is insufficient to provide respondent with the presumption of mailing. Massie v. Commissioner, T.C. Memo. 1995-173, affd. without published opinion 82 F.3d 423 (9th Cir. 1996); Wheat v. Commissioner, T.C. Memo. 1992-268. Respondent’s failure to obtain the U.S. Postal Service clerk’s initials on the certified mailing list and to have the clerk identify on the certified mailing list how many pieces of mail the U.S. Postal Service received is an “inexactitude which is significant enough to render the presumption inapplicable.” Wheat v. Commissioner, supra; see also Coleman v. Commissioner, supra at 92. Respondent may still prevail, however, if the evidence of mailing is otherwise sufficient. Wheat v. Commissioner, supra. Although an incomplete certified mailing list that does not contain all of the information required by Form 3877 is insufficient to create a presumption of proper mailing, it nevertheless has some probative value. See Massie v. Commissioner, supra. The certified mailing list in this case contains a U.S. Postal Service date stamp of January 6, 2004. The address recorded on the certified mailing list is the same address that petitioner has used on all of his correspondence 6The total number of pieces listed by sender shows seven, but the spaces for the number of pieces received by the post office and the postmaster’s name are blank.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011