- 3 - At that time, petitioner employed Ms. Denese D. Lindsay-Mosley as a legal assistant and office manager. Ms. Mosley had worked for petitioner in that capacity for approximately 6� years. She was responsible for petitioner's outgoing mail and was the only person in petitioner's office who regularly used petitioner's private postage meter. On May 7, 1996, Mr. Hanna instructed Ms. Mosley to type and mail the instant petition. Ms. Mosley was aware that the petition needed to be filed on or before May 8, 1996. Mr. Daily relied upon Ms. Mosley to type and mail the instant petition because he did not employ his own secretary. After the close of business on May 7, 1996, Ms. Mosley planned to be away from the office for approximately 3 weeks to marry and go on a honeymoon. During Ms. Mosley's absence from the office, from May 9, 1996, through May 24, 1996, petitioner employed a temporary secretary, Ms. Laura Sanders. The instant petition was received by the Court, and was filed, on May 20, 1996, 102 days after the mailing of the notice of deficiency. It was received in an envelope postmarked "May 7, 1996" from Austin, Texas. The postmark was made by a private postage meter bearing the number 5048754, and not by the U.S. Postal Service. The petitionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011