Peter R. Little - Page 4

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          The petition was mailed to the Court from New York, New                     
          York.3  The parties agree that the ordinary delivery time for a             
          properly addressed envelope sent from New York, New York, to                
          Washington, D.C., is 3 days.                                                
               Respondent bases her motion to dismiss on the ground that              
          petitioner failed to file his petition within the time prescribed           
          in section 6213(a) or section 7502.  Petitioner filed an                    
          Objection to respondent's motion asserting that he timely mailed            
          the petition and that, in his experience, the mailing time for              
          large envelopes or "flats" between New York, New York, and                  
          Washington, D.C., is often as long as 2 weeks.                              
          Hearings were conducted in this case on June 28, July 19,                   
          and August 16, 1995.  Although petitioner was unable to attend              
          the first two hearings, he did appear at the third hearing on               
          August 16, 1995, and presented testimony, as well as oral                   
          argument and a written statement pursuant to Rule 50(c) in                  
          opposition to respondent's motion to dismiss.  Counsel for                  
          respondent appeared at the hearings and presented argument in               
          support of the pending motion.                                              









          3  Petitioner resided in Norwalk, Conn., at the time the                    
          petition was filed.                                                         





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