Mary Lou and Allen E. Jones - Page 7




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          We agree with respondent that “petitioners’ allegations that they           
          relied upon the second date stamp of ‘February 16, 2002' are                
          self-serving and lack merit when viewed under the totality of               
          circumstances”.                                                             
               Moreover, statutory periods are jurisdictional and cannot be           
          extended.  McCune v. Commissioner, 115 T.C. 114, 117 (2002);                
          Joannou v. Commissioner, 33 T.C. 868, 869 (1960).  See also In re           
          Smith v. United States, 96 F.3d 800, 802 (6th Cir. 1996), in                
          which the Court of Appeals for the Sixth Circuit (the court to              
          which an appeal from this decision would lie) noted that it has             
          been “rather consistent in denying ‘equitable’ pleas to disregard           
          the strict timing rules of the Tax * * * [Code]”, and United                
          States v. Brockamp, 519 U.S. 347 (1997), in which the Supreme               
          Court refused to permit equitable tolling of the limitations                
          period on income tax refund claims.  Here, there is no basis to             
          even consider whether equitable relief might be appropriate.  The           
          notices were clearly dated December 18, 2001, and were received             
          by petitioners on December 20, 2001.  Petitioners could have                
          resolved any confusion that might have been caused by the                   
          February 16, 2002, date stamp simply by contacting the Internal             
          Revenue Service upon their receipt of the notices, or during the            
          ensuing 28-day period, at the contact telephone number provided             
          on the notices themselves.  Their failure to do so has resulted             








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