Property Tax Payment Lost in Mail -- Can I Still Deduct it in 2006?

Question

We mailed our second Tax year 2006 Property Tax installment in December of 2006 (sent via "standard mail"; no actual proof of mailing). Most recently I received a letter from the city, stating that they had not received that 12/2006 payment. Further, there is now a ~$200 penalty, for not paying in December. That semi- actual payment due was ~$7000. I have two inter-related questions:

1 - I have had friends (non-CPA) suggest that since I mailed the original payment in TY 2006, I could still claim that deduction for my 2006 filing. Is that a valid position?
2 - If I defer that itemized into the TY 2007 filing, is it possible to claim the $200 late fee as a deduction? Most appreciative for all guidance -- Thanks !!

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Tony Cox · Accepted Answer

This happened to us. Mailing 3 tax bills in the same envelope confused them somehow, and one was missed. The county accepted a check ledger showing we'd written the property tax check. They did not accept the fact that they'd processed the other two checks as proof of anything, so presumably proof of posting would not have done us any good either. Talk to them and see what they'll accept as proof of payment. File income taxes showing you paid in December and keep anything that might support that in case of audit.

Herb Smith · Answer

Yes, once you drop the check in the mail it is consideredpaid (for income tax purposes) The late fee is not deductible, regardless of when you claimthe taxes paid.

Property Tax Payment Lost in Mail -- Can I Still Deduct it in 2006?

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