Leonard and L. Melnik Grossman - Page 11

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          B.   Section 301.7502-1(c)(1)(iii)(B)(2), Proced. & Admin. Regs.            
               Analysis                                                               
               Petitioners must establish that their petition was mailed in           
          compliance with three requirements for it to be deemed timely               
          filed under section 301.7502-1(c)(1)(iii)(B)(2), Proced. & Admin.           
          Regs.  These requirements include:  (1) The piece of mail at                
          issue was actually deposited in the U.S. mail in a timely                   
          fashion; (2) the delay in receipt of the piece of mail at issue             
          was due to a delay in transmission; and (3) what caused the                 
          delay.  Id.                                                                 
               (1) Was Petitioners’ Petition Actually Deposited in the                
                    U.S. Mail Before the Expiration of the 90-Day Period              
                    Prescribed for Filing?                                            
               At trial, Brenda Bucco (Ms. Bucco) testified on petitioners’           
          behalf.  Ms. Bucco is employed by petitioners’ counsel as an                
          office manager, a position she has held for 11 years.  Ms. Bucco            
          testified that on March 29, 2004, she prepared petitioners’                 
          petition to be mailed by placing it in a properly addressed                 
          envelope, affixing the proper postage, and completing the                   
          certified mail receipt.  Ms. Bucco maintained a private postal              
          meter mailing log in the ordinary course of business that shows             
          March 29, 2004, as the date she prepared petitioners’ petition.             
          She further testified that on March 30, 2004, she personally                
          handed the piece of mail at issue to a U.S. Postal Service                  
          employee who collected her employer’s mail from his office in               
          Hazlet, New Jersey.                                                         





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