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