John L. Bobbs - Page 7

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          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.                                 




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