Leonard and L. Melnik Grossman - Page 8

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          2004, well after the expiration of the 90-day period for filing             
          plus the 2-day standard for it to be considered timely mailed.              
          Even if we account for the estimated 4 days it takes to irradiate           
          an item of mail addressed to a Government office in Washington,             
          D.C., petitioners’ petition was still not received in a timely              
          fashion under this rule.2  Because petitioners’ petition was                
          received and filed outside the prescribed period, including the             
          standard delivery time, it will be deemed timely filed only if              
          the following requirements are established by petitioner:                   
                    (i) That it was actually deposited in the U.S.                    
               mail before the last collection of mail from the place                 
               of deposit that was postmarked (except for the metered                 
               mail) by the U.S. Postal Service on or before the last                 
               date, or the last day of the period, prescribed for                    
               filing the document or making the payment;                             
                    (ii) That the delay in receiving the document or                  
               payment was due to a delay in the transmission of the                  
               U.S. mail; and                                                         
                    (iii) The cause of the delay.                                     
          Sec. 301.7502-1(c)(1)(iii)(B)(2), Proced. & Admin. Regs.                    
               The validity of this regulation has been upheld.  Lindemood            
          v. Commissioner, 566 F.2d 646, 649 (9th Cir. 1977), affg. T.C.              


               2For the petition at issue to be timely filed under sec.               
          6213(a) it needed to be filed with the Court by Monday, Apr. 5,             
          2004.  Accounting for the 2-day standard, had the piece of mail             
          at issue been mailed on Apr. 5, 2004, it would not have reached             
          this Court until Wednesday, Apr. 7, 2004.  Accounting for the 4-            
          day period to irradiate the piece of mail at issue, it would not            
          have reached this Tax Court until Sunday, Apr. 11, 2004.  Since             
          there is no mail delivered to the Court on weekends, the piece of           
          mail at issue would not have been received or filed by the Court            
          until Monday, Apr. 12, 2004.                                                




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