April 22, 2020 11:09 pm

Mailbox Rule Is Dead

Tax returns, Tax Court petitions, and other time-sensitive documents are treated as having been timely filed with the government if they are mailed on time (“timely mailed timely filed rule”). Under the common-law mailbox rule, some courts have treated a taxpayer’s testimony that the item was put in the mailbox by the due date as evidence of a timely delivery.

However, the U.S. Supreme Court has refused to hear an appeal from a Ninth Circuit decision rejecting the mailbox rule (Howard L. Baldwin, CA-9, 921 F.3d 836 (2019); No. 19-402, petition for certiorari denied 2/24/20), letting that appeals court decision stand.

Although it had in a previous decision permitted testimony for the mailbox rule, the Ninth Circuit in Baldwin distinguished the old decision, and deferred to a Treasury regulation that states that the only permissible way to establish that a return or other document has been timely mailed is with a certified or registered mail receipt stamped by the U.S. Postal Service (Reg. Sec. 301.7502-1(e)(2)(i)).

Note: Reg. Sec. 301.7502-1(e)(2)(i) also treats proof of proper use of an IRS-approved private delivery service as establishing timely delivery. The Ninth Circuit decision did not address what written proof from an IRS-approved private delivery service would be acceptable. The IRS says, “The private delivery service can tell you how to get written proof of the mailing date.” For returns that you e-filed through software, you receive two emails: one stating that your return was filed and the other that it was accepted. If you use a paid preparer, he or she can provide you with copies of the emails received with respect to the e-filing of your return.

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Tax Glossary

Tax attributes

When debts are cancelled in bankruptcy cases, the cancelled amount is excluded from gross income. Tax attributes are certain losses, credits, and property basis that must be reduced to the extent of the exclusion.

More terms