John L. Bobbs - Page 11

                                       - 11 -                                         
               In this case, the envelope in which respondent mailed                  
          petitioner’s Request to the Court bears both a postage meter                
          postmark and a U.S. Postal Service postmark.  Consequently, we              
          may assume that we are required by sec. 301.7502-                           
          1(c)(1)(iii)(B)(3), Proced. & Admin. Regs., to apply the rule of            
          sec. 301.7502-1(c)(1)(iii)(A), Proced. & Admin. Regs.12                     
               Section 301.7502-1(c)(1)(iii)(A), Proced. & Admin. Regs.,              
          provides, in pertinent part, as follows:                                    
                    (iii)  Postmark.--(A) U.S. Postal Service                         
               postmark.--If the postmark on the envelope is made by                  
               the U.S. Postal Service, the postmark must bear a date                 
               on or before the last date, or the last day of the                     
               period, prescribed for filing the document or making                   
               the payment.  If the postmark does not bear a date on                  
               or before the last date, or the last day of the period,                
               prescribed for filing the document or making the                       
               payment, the document or payment is considered not to                  
               be timely filed or paid, regardless of when the                        
               document or payment is deposited in the mail.                          
               Accordingly, the sender who relies upon the                            
               applicability of section 7502 assumes the risk that the                
               postmark will bear a date on or before the last date,                  
               or the last day of the period, prescribed for filing                   
               the document or making the payment.  * * *  If the                     
               postmark on the envelope is made by the U.S. Postal                    


               11(...continued)                                                       
               this paragraph (c)(1)(iii)(B) will be determined solely                
               by applying the rule of paragraph (c)(1)(iii)(A) of                    
               this section.                                                          
               12Even if we proceeded on the alternative assumption that a            
          private postmark, when accompanied by an illegible U.S. postmark,           
          is not disregarded, we would reach the same result, for                     
          petitioner has offered no proof of the date on which the Internal           
          Revenue Service actually deposited the Request in the mail, much            
          less proof of the cause of a delay in transmission of the mail if           
          there were a timely deposit.  See sec. 301.7502-1(c)(1)(iii)                
          (B)(2), Proced. & Admin. Regs.                                              




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011