Lawyer loses appeal over postmark, IRS refund

Appeals court sides with IRS in dispute over postmark, Mich. lawyer's $64K refund

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Published On: Jan 18 2013 06:50:02 AM EST   Updated On: Jan 18 2013 06:51:30 AM EST
EAST LANSING, Mich. -

A dispute over a postmark is costing a lawyer a $64,000 refund from the Internal Revenue Service.

A federal appeals court this week affirmed an earlier decision in favor of the government.

Robert Stocker II of East Lansing insists he timely mailed an amended tax return in 2007 to qualify for the refund. But a mix-up at his accountant's office prevented him from getting a proper receipt from the post office that would show a date for an envelope sent by certified mail.

The IRS says Stocker missed the deadline — and it no longer has the envelope that held the return.

The appeals court says it's unfortunate that the IRS didn't retain the envelope. But the court says the burden was on Stocker to produce a receipt.

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