- 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