- 6 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011