Leonard and L. Melnik Grossman - Page 6

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          taxpayer outside the United States, after a notice of deficiency            
          is mailed.  Here, petitioners’ petition was received by the Court           
          on May 25, 2004.  Because the notice of deficiency was not                  
          addressed to persons outside of the United States, petitioners’             
          petition was filed well after the 90-day period provided in                 
          section 6213(a), which had expired on April 5, 2004.                        
          Nevertheless, a petition received and filed by the Court after              
          the expiration of the 90-day period may be deemed timely filed if           
          it was mailed in conformity with the precepts set forth in                  
          section 7502 and the regulations promulgated thereunder.                    
               Section 7502 and the regulations prescribed thereunder                 
          contain the requirements for treating any document as timely                
          filed when it was timely mailed (the timely-mailing/timely-filing           
          rule).  The general rule provides that the date of a U.S. Postal            
          Service postmark is deemed to be the delivery date.  Sec.                   
          7502(a).  For this general rule to apply, however, a taxpayer               
          must have mailed the document at issue in a properly addressed              
          envelope, postage prepaid, and postmarked by the U.S. Postal                
          Service within the prescribed period or on or before the                    
          prescribed date for the filing, including any extensions granted            
          for filing.  See id.; sec. 301.7502-1(c)(1)(i), (ii), and (iii),            
          Proced. & Admin. Regs.  In this case, the piece of mail at issue            
          bears a private postage meter stamp; thus, section 7502(a) is not           
          applicable.                                                                 






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