Legal question regarding faxes

[Kenny Cruzan]

We use Fax@vantage through TAM to send and receive faxes.  I have CSR that faxed 3 seperate faxes on 3 seperate occasions to Quirk.  They claim they never received them but we have the Final Status reports that Fax@vantage prints out stating they were all sent successful.  The person from Quirk is stating that just because we have something stating it was sent successful does not mean it was received sucessful.  With that said they are going to honeor the renewal date this one time but we have hurricane season coming up and cant risk this happening again.

My question is if the final status report would hold up in court as to sending fax? 
Any suggestions how we could further protect ourselves?

[Bob]

I have no legal clue but I would think court could order device audited, pull logs from device and see.   Most any new device keeps records, printers, copiers, fax.   Can toss the paper log print out but it's on a drive or flash memory card somewhere.   Newer the appliance the more so..  Like any printer today can be traced by print.  You would have to locate said printer but once found like a bullet from a gun, can be IDd.   

With not knowing what defines received, and what does your machine use to acknowledge that?  A simple answer and tone on fax?  Does it send confirmation after last bit of data transmitted a tone acknowledging complete.  I'm unsure how this is negotiated on each side.  Interesting question. 

[Hans Manhave]

They could have received a blank page.  Just because the sending side has some form of comfirmation, even a miniature picture of the first page, doesn't mean the other side printed correctly or printed at all.  Just because it was fine the other 9,999,999 times this was the time that it wasn't fine.  Even the phone company's switch could have malfunctioned those particular times or it was a combination of multiple things.

Same goes for those little green post cards from the USPS.  Just because one pays $10 to send something certified to the IRS doesn't mean that what the IRS received is what a person claims they sent.  I have experienced that argument and know that others here have also.  This is of topic of faxing, but we mostly switched away from those certified, return receipts because of the lack of evidence provided and the high cost. 

[Marie (Zionkowski) Gozikowski]

With either fax or email, we always request a confirmation of receipt and a binder/something similar showing the coverage is bound and in force.

We have had this happen a few times... too much at stake to not verify coverage is bound.

[Billy Welsh]

They could have received a blank page.  Just because the sending side has some form of comfirmation, even a miniature picture of the first page, doesn't mean the other side printed correctly or printed at all.  Just because it was fine the other 9,999,999 times this was the time that it wasn't fine.  Even the phone company's switch could have malfunctioned those particular times or it was a combination of multiple things.

Same goes for those little green post cards from the USPS.  Just because one pays $10 to send something certified to the IRS doesn't mean that what the IRS received is what a person claims they sent.  I have experienced that argument and know that others here have also.  This is of topic of faxing, but we mostly switched away from those certified, return receipts because of the lack of evidence provided and the high cost.

Myth #1 - the USPS can "track" Certified Mail.  If you want true tracking, use FedEx, DHL, or UPS.  The instructions for the particular form you are sending detail how these services can be used to provide valid evidence of timely filing.  I have personally experienced having a Certified item disappearing without a trace, and with no explanation available from the USPS.

Myth #2 - the Return Receipt will automatically provide you with valid evidence of timely filing.  There have been cases where the courts allowed the IRS to successfully argue that there was no proof that the return receipt was actually from the item claimed to have been filed with the IRS - the assumption was fraud vs. the IRS having lost the documents.  Seems downright silly absent other evidence of outright fraud by the taxpayer, but the list of silly court decisions is sadly all too long.  The policy when I worked at a CPA firm was to write a description of the contents being mailed on both the Certified Receipt as well as the Return Receipt card in order to avoid this stupidity.  If I am sending them a "love" letter I also put the Certified Receipt # in the body of the letter along with an indication that Return Receipt is requested.